Separation Agreement Solicitors

Merriman Solicitors (Incorporating AB Family Law)

Sometimes, relationships reach a point where they cannot move forward. There can be many reasons for this: a loss of trust, a change in life goals, money problems or simply growing apart. In these cases, ending the relationship may be the best choice, and a formal separation may occur.

What is a separation agreement?

Separation usually means living apart from your partner. It gives you time to think about what you both want for the future. It doesn’t always signify the end – in some instances, it can serve as a pause to mend the relationship. However, in other situations, it might be a progression towards permanent separation or divorce.

If you’ve parted ways with your spouse but aren’t prepared to divorce yet, you can establish a separation agreement.

A separation agreement outlines the decisions you and your former partner have made concerning finances, assets, and childcare. It includes dividing savings, arranging child custody, and making decisions about the family home.

Couples who wish to proceed with divorce right away do not need a separation agreement.

A separation agreement is not legally binding. However, if you get a divorce later, the court will take your earlier agreement into account.

A legal separation might be suitable for you if:

• your religious beliefs prohibit divorce
• your marriage or civil partnership has lasted less than a year
• you need time and space to decide whether to terminate the marriage or civil partnership

What is the difference between separation and divorce?

The primary distinction between separation and divorce lies in the legal termination of the marriage.

Separation permits couples to live separately while still being legally wed. This could be a short-term situation to explore the possibility of reconciliation, or more permanent due to religious beliefs or to preserve certain marital advantages. A separation agreement often details financial and child custody arrangements, but it lacks the authority of a court order.

Conversely, divorce entirely terminates the marriage from a legal perspective. It necessitates court proceedings to settle matters such as asset distribution and child custody. Once the divorce is finalised, you are legally single and eligible to remarry.

Why make a separation agreement?

 A separation agreement can be beneficial for a number of reasons, including: 

• Legality: A separation agreement can make a separation official and thus helps avoid complications.
• Clarity: A separation agreement can assist both individuals in knowing where they stand, and the rights and responsibilities they have in relation to each other moving forward after a relationship breakdown.
• Money saving: A separation agreement can save money and upset in the long run. 
• Organise shared assets and debts: A separation agreement can outline the management of joint assets and obligations, such as proceeds from a property sale and how joint debts will be repaid. 

What types of separation agreements are there?

There are three primary categories of separation agreements: trial, permanent, and judicial (also known as legal). Here’s an explanation of each:

Trial Separation: A trial separation contract details financial and childcare arrangements during a pause in a relationship. The objective could be to determine if residing separately assists the couple in deciding whether they wish to mend their relationship or proceed with a divorce.

Permanent Separation: A definitive separation agreement is for couples who are certain they won’t reunite. It outlines a strategy for splitting assets and liabilities, and child custody and maintenance (if children are involved). This agreement can serve as a precursor to a potential divorce.

Judicial Separation: A judicial separation is a lawful method for a married couple to officially separate without proceeding to divorce. It is like a permanent separation agreement, but subject to court enforcement.

What does a separation agreement involve?

A separation agreement outlines the rights and responsibilities of a couple during their separation. It is intended to prevent future disputes over financial matters and other arrangements.

Below are some of the primary aspects a separation agreement might address:

• Allocation of assets and liabilities: This encompasses elements like the shared home, vehicles, savings accounts, and any joint debts. The contract will detail how these assets and liabilities will be distributed. 
• Spousal support: This outlines any monetary transfers from one spouse to the other post-separation.
• Child custody and visitation rights: If the couple has offspring, the contract will lay out a parenting blueprint that includes child custody provisions and visitation timetables.
• Additional provisions: The contract might also tackle other matters, such as life insurance, and the distribution of domestic items.

How to obtain a separation deed

To obtain a judicial separation you will work with your family law solicitor to complete a judicial separation form and submit it to the court. You can do this jointly with your spouse if you both agree that you should get a legal separation, and if you’re not at risk of domestic abuse. Otherwise, you can make a sole application. You will need your marriage or civil partnership certificate to do this.

How can Merriman Solicitors (incorporating AB Family Law) help?

Deciding to separate is tough, but you don’t have to do it alone. Our dedicated lawyers have a lot of experience helping people during this time. We will use our expertise to help you achieve the best possible outcome for your situation.

Whether you are certain about ending your relationship or just thinking about it, we are here to help. We can guide you through your choices, and can help you understand the possible effects. With the right information, you can confidently make the right decision about your relationship.

We understand that in an emotionally fraught time, it is best to adopt a sympathetic and pragmatic approach. Our aim is to assist you in achieving a favourable result with minimal emotional strain, inconvenience, and unnecessary cost.

If children are involved, we can provide advice on child arrangements and assist you in devising a plan that prioritises their welfare. We can also advocate for alternative dispute resolution techniques such as mediation to facilitate amicable settlements whenever feasible.

Regardless of whether your separation is non-legal or necessitates court intervention, we’ll offer expert advice throughout. Contact us today for expert advice.