What are the benefits of a separation agreement?

What is a separation agreement?

A separation agreement is a written document that outlines the responsibilities and arrangements you and your ex have agreed when separating. It covers financial, maintenance, property, and childcare arrangements in the event that you’ve decided to split up but are not yet ready to divorce.

Who benefits from a separation agreement?

They can be particularly useful for those who are not yet eligible to divorce (a 12-month length of marriage is required for this), those unable to divorce for religious reasons and those who are not yet sure they want to make their split permanent.

More information can be found here https://www.moneyhelper.org.uk/en/family-and-care/divorce-and-separation/separation-agreements-instead-of-divorce-or-dissolution#:~:text=It’s%20a%20written%20agreement%20that,what%20happens%20if%20it’s%20sold

What are the benefits of a separation agreement?

The main benefit is that the agreement sets out all the arrangements for the separation, so in terms of childcare and financial responsibilities, it creates a stable and secure basis for moving forward. Both parties have clarity and know exactly where they stand.

More specifically, it highlights that you are both agreed that the relationship is over and the date it ended. What’s more, if you decide to make the split permanent by divorcing, the agreement can act as the basis for a settlement, which will save time and money in legal fees further down the line.

Is a separation agreement legally binding?

The short answer is no – a separation agreement does not offer the same security as a legally binding court order. However, if both parties have taken independent legal advice before making a separation agreement and the arrangements it outlines are both fair and reasonable, it would possibly be found legally persuasive if challenged in court. An exception to this could be where the circumstances of one party has drastically changed, such as job loss or a major promotion.

As a specialist firm of family lawyers, we have a wealth of experience in helping couples to separate and divorce as amicably as possible. We have two trained family mediators and three of our solicitors are trained in collaborative law. If you are struggling with issues arising from separation and divorce, we offer a no obligation 60-minute initial consultation for £100 (incl. VAT). This will give you the opportunity to receive legal advice relevant to your personal circumstances.

To book a consultation, please call us on 01444 472700, email info@tisshawssolicitors.co.uk or complete the form below.