Separation Agreements

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If you have separated, but do not wish to divorce, it may be possible to enter into a separation agreement resolving financial issues between you and your spouse, or perhaps setting out the agreed arrangements for the children.

A separation agreement can only be achieved by consent. It is nothing more nor less than a contract between a couple explaining how they intend to live their lives and resolve financial issues between them. 

For a great deal of couples a separation agreement is their preferred choice of resolution and our family team regularly prepare such agreements.

It cannot oust the jurisdiction of the court. In other words the parties to the separation agreement cannot override the authority of a court to determine issues. It is only a court order that can for example, legally prohibit one party making a financial claim against the other in the future or against a party’s estate in the event of their death.

With a separation agreement the parties are considered still to be legally married and this can have implications particularly in relation to pensions or upon a party’s death.

There can also be ongoing tax issues that need to be considered. 

Some types of financial settlement, such as an immediate pension sharing order, cannot be provided for.  A pension sharing order can only be implemented following the final divorce decree, the decree absolute.

While a separation agreement may set out child arrangements, such an agreement would not be enforceable in the same way as perhaps a court arrangements order.

For a great deal of couples a separation agreement is their preferred choice of resolution and our family team regularly prepare such agreements. 

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For further advice on Separation Agreements contact a Family Solicitor at Girlings who will be happy to help or call into your local office

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