Not all married couples who separate wish to divorce. For various reasons, less formal separation may be a more attractive option than divorce and can be recorded in a Separation Agreement.
Separation Agreements set out in clear terms how a couple intends to manage their circumstances on separation. Although not currently binding in England and Wales, they offer clear evidence of the parties’ intentions should they later divorce and go before a Judge (on a contested basis) to settle their finances.
If the parties still agree the Separation Agreement terms when divorce proceedings begin, an Order can be drawn up in those original terms, then making those terms legally binding and enforceable.
Separation Agreements frequently deal with matters such as:
Separation Agreements can also cover:
A Separation Agreement will not provide the finality of a divorce but undertaking the practical exercise required to set up a Separation Agreement can be of great benefit to a couple in addressing the financial aspects of possible future separation..
We strongly recommend that any couple intending to separate considers the benefits and pitfalls of a Separation Agreement. Spratt Endicott offers an initial Fixed Fee Appointment, at £95 including VAT, to advise on Separation Agreements and, if appropriate, take instructions to begin drawing up such an Agreement.
For more information please email Patrick Mulcare pmulcare@se-law.co.uk. Alternatively you can contact us by telephone on 01295 204000.
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