When separating from a partner, it is not always the case that you want to get a divorce. There are a number for reasons for this, and it is common for couples to go through what is known as a separation agreement. A separation agreement allows a formalised separation without divorce. The separation agreement formalises agreements on children, investments and property. If you and your partner can come to a voluntary agreement about these issues, then they can be formalised a Separation Agreement, or Deed of Separation. Contact Family Law London today to see how we can help you. Call our trusted separation lawyers on 02039 935 203.
Family Law Solicitors, London
A Separation Agreement, or Deed of Separation can relate to a number of formal agreements, including:
- Property – agreements can be made about who will live in residential property such as the family home, as well as decisions about how commercial property will be split or who will manage it
- Childcare – childcare agreements will decide who children will live with after the separation as well as parental access arrangements. These agreements will also incorporate whether maintenance payments will be made, and if so, who will contribute to these payments
- Mortgage – this will decide who is in charge of paying for mortgage and rent agreements, as well as bills, and what percentage of these each party will pay
- Savings – jointly managed investments and joint savings must be split or agreements must be made on how they will be managed, and a savings agreement will formalise these decisions
- Possessions – an agreement on possessions will decide what happens to property with large monetary value (such as cars) or items with sentimental value (such as old furniture)
- Pets – this agreement will decide on living arrangements for any pets, as well as access arrangements
Choosing separation agreement over divorce
Choosing a separation agreement is something which should be considered carefully before being entered into. In its own right, a separation agreement is not legally binding. This is why most couples look for the final legal closure granted to them by a divorce and financial court order.
A separation agreement, however, is still a formal contract that is written up by expert professionals. Our team will ensure that any separation agreements we write for you will be able to be used in court. Separation agreements can be made legally binding when it comes to divorce proceedings, as long as the person who has written them knows what they are doing.
The reasons that some people choose a separation agreement over a divorce are:
- It makes the divorce process quicker. When you have a written contract of agreement with your spouse about what will happen with your assets, finances and children in place then the divorce proceedings will run more quickly. As long as both parties still agree to the conditions that were agreed on, then this can help you save money on the costs involved in getting divorce as well as the stress that a long divorce might put you under
- If you have been married for under a year. Unless a couple has been married for over 12 months, then they are unable to start divorce proceedings in the UK.
- It is useful for those who do not want a divorce on unreasonable behaviour or adultery. Couples who do not wish to cite blame to either partner can use a separation agreement to make sure that neither party can be vilified in the divorce proceedings when the split is amicable.
- It gives couples time to make decisions. A separation agreement gives couples time to think about how they wish to proceed with their relationship without taking the huge step to get divorced. This is all while arrangements for the care of children are in place as well as the split of finances, property and possessions.
Contact Family Law Solicitors in London Today
Our team of dedicated family law experts are on hand to deal with any Separation Agreement issues you might have. We know how difficult going through a separation can be for you and your family. Our expert team endeavour to provide all our clients with a friendly, professional and reliable experience. If you have any family law matters you wish to take care of then we suggest you contact us immediately. Speaking to a solicitor early in the separation process minimises problems and ensures that you get the best outcome for your circumstances. We ensure the impact on your life is minimal, and in particular disruption to any children under the age of 16 is negligible. If you wish to speak to a member of team today, then do not hesitate to contact us. You can contact us by filling in our online contact form here, or you can speak to a member of our team by phoning us on02039 935 203. We look forward to hearing from you.