Separating from your spouse or partner is one of the most emotionally challenging experiences an individual can go through. A separation agreement UK can be helpful in enabling a couple to clarify how they envisage addressing crucial matters arising from their separation and providing certainty at an uncertain time.
Those issues might include where their children should live, what should happen to the marital home, and how their assets should be divided.
At Birch & Co., we understand the emotional impact the breakdown of a significant relationship can have. We offer our clients legal advice and support combined with compassion and empathy. We will go above and beyond to ensure your case is resolved as quickly as possible, allowing you to focus on the future.
Reach out to Birch & Co’s specialist and supportive team today. Call us on 0191 284 5030 or complete a Free Online Enquiry now to get a bespoke fixed price estimate.
“Not in any way intimidating. Their positive attitude takes the stress out of situations.” (Ms A Scott )
When Might You Use A Separation Agreement UK?
We might advise you to consider entering into a separation agreement UK in a number of situations, including the following:
- You do not want to get a divorce for religious or cultural reasons.
- You want to delay your divorce for practical reasons.
- You are not sure whether you want to legally end your marriage.
- Your separation is amicable, and you do not see the need for a formal divorce.
Who Can Use A Separation Agreement UK?
You can use a separation agreement UK if you are married, in a civil partnership, or have not entered into any form of legal union.
What Should You Include In A Separation Agreement UK?
Our family law solicitors will take the time to get to know you and understand the issues that concern you the most. That way, they can prepare a settlement agreement UK that is tailored to your needs and priorities and reflects the agreement you and your ex-partner have reached.
Examples of the types of matters that your settlement agreement UK might address include the following:
• What Should Happen To Your Property
What should happen to your property, and in particular, the marital home, is a key issue that must be addressed on the breakdown of your relationship. When making your decision, factors such as whether you have children, whether the property is held in joint names or the sole name of one party, and the extent of each party’s contributions to the property will all play a part.
You can tailor what should happen to your property to your individual circumstances. For example, you may stipulate that the house should be sold and the proceeds divided between you and your ex-partner, one party should buy the other party out, or one party and the children should remain living in the property.
• How Your Assets Should Be Divided
If you have been in your relationship for a long time, you will likely have accumulated a number of joint assets. You can use your separation agreement UK to detail how those assets should be split between you and your ex-partner.
Examples of some of the assets that may be subject to division include the following:
- Business interests
- Shares and investments
- Cash held in bank and building society accounts
- Personal possessions
• How Other Financial Matters Should Be Addressed
You may need to consider how you and your ex-partner will deal with other financial matters following your separation. For example, you may need to decide whether your children or you will receive any maintenance, who will pay your children’s school fees, and how any joint debts or liabilities will be covered.
• Where Your Children Should Live
Deciding where your children should live and who they should spend time with can be one of the most emotive issues to come out of a relationship breakdown. You can use your separation agreement UK to set out your agreement on key issues relating to your children, such as who they should live with and how much time they will spend with the non-resident parent.
Is A Separation Agreement UK Legally Binding?
A separation agreement UK is not a court order, but it is a contract. As a result, it will be binding on the parties, but it is open to challenge in court. However, if the agreement was prepared by a family law solicitor after the parties had taken legal advice on their positions, the court will likely hold that the parties are bound by its terms.
Examples of when the court may intervene to change the terms of a separation agreement UK include if it is manifestly unfair towards one party, there is reason to suspect that one party has not made full disclosure of their financial position, or the parties’ circumstances have changed significantly since the agreement was entered into.
“I cannot fault the professionalism and helpfulness throughout what has been a difficult time. I would not hesitate to use your services again and would recommend you to others.” (Mrs Surtees)
