A marriage can be complicated and may evolve and change in different ways over time. This can involve unforeseen circumstances or situations where one or both parties are unsure of what to do next. In such a scenario the couple may agree to separate but they are not quite ready to file for divorce or the dissolution of a civil partnership. However, they still want clarity over certain important lifestyle and financial arrangements, so a separation agreement becomes necessary and is a good way to formalise an interim agreement.

Do you need a separation agreement? Or do you need to understand more about the benefits and what should be included? Speak to our family law solicitors at Ison Harrison today.

Our family team will guide you through each step of the process, so that you and your family can receive the right protection. If you require legal advice, call us on 0113 284 5000 or alternatively email family@isonharrison.co.uk

What is a separation agreement?

A separation agreement is a formal document that sets out certain arrangements for you and your spouse when you agree to separate, but are not yet ready for divorce. This usually involves important decisions and arrangements regarding finances, property and child arrangements. A separation agreement acts as a holding document to formalise arrangements until such time that the couple agree to divorce or dissolve a civil partnership, or decide to get back together. It is not legally binding, but a court can enforce its contents if it is happy the agreement involved full financial disclosure when it was made, and both parties received independent legal advice.

It is possible to have a separation agreement and remain living in the same property. In such circumstances, it is possible that divorce is not the right option yet because one partner can’t afford to fund a new property, but both parties agree the relationship has irretrievably broken down. There can be many factors that delay a couple deciding on divorce, and this could be simply to provide some breathing space to think things over emotionally. If the couple do decide to divorce, the separation agreement acts as a helpful starting point for a final divorce settlement.

What should be included in a separation agreement?

If you appoint Ison Harrison to create your separation agreement we will hold discussions with you to establish your specific circumstances, what requires protecting and what is in your best interests. Usually this will include:

  • What will happen to the family home and who will pay for any outgoings
  • Where the other partner will live and how this will be funded, if applicable
  • Who children will live with and how child maintenance will be provided
  • How child access will be managed for the other parent
  • How savings will be divided
  • How to manage mutual debts
  • How to divide the proceeds of a property sale, if applicable
  • How to deal with pensions and joint bank accounts or investments
  • How to deal with valuable possessions, such as cars, furniture and jewellery
  • Who looks after family pets

Every marriage, civil partnership and family situation is different, and how your separation agreement develops is entirely based on your unique circumstances. Ison Harrison have the skills and expertise to ensure your best interests are protected and children are prioritised in all scenarios, so contact us to to start your separation agreement.

What is the difference between divorce and separation?

A divorce settlement is a legally binding financial agreement and a divorce is the act that legally ends a marriage. With a civil partnership this is a dissolution of the partnership, which acts in the same way as a divorce. Separation is merely an agreement that two spouses or civil partners are no longer a couple and in most cases are now living apart, but they are still legally married, and their separation status may only be temporary. A separated couple can get back together and resume their marriage, or they may end up getting divorced to legally end their marriage. Whilst a separation agreement is not legally binding, it can be taken into consideration by a court, should the couple decide to divorce in the future.

How Ison Harrison can help with your separation agreement

Our experienced team of divorce and separation solicitors can assist and support where a relationship has broken down and you need to understand your options and work out the best way to proceed. At this difficult and emotional time, our team of legal experts can shoulder the burden of legal arrangements while you manage your day-to-day activities.

  • Advice – Should you separate or get divorced? We can advise on the legal and financial implications of each option, and on the practical impacts of living together or living apart.
  • Children – We can help you make arrangements to prioritise your children and ensure their lives are kept stable and supported.
  • Arrangements – We can help you establish clarity on your finances, understand what financial commitments you need to manage and what options you have.
  • Negotiations – We can assist with negotiations with your spouse in the event that there is a dispute.
  • Draft – We can draft a separation agreement to reflect the arrangements you have agreed with your spouse.
  • Fair – We can ensure the separation agreement is fair and reasonable and is likely to be accepted by a court as a valid document now and in the future.

If you need expert legal advice and support with making a separation agreement, contact our team at Ison Harrison today. Call us on 0113 284 5000 or email family@isonharrison.co.uk.