Divorce

Separation Agreements in Solihull

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Separation may be the first step towards divorce or formal recognition of the end of your relationship. We can help you to untangle your finances, understand your position and forge a new path forward.

A separation agreement acknowledges the end of a relationship and sets the guidelines for how you will manage previously shared responsibilities. It can take into consideration financial arrangements, childcare agreements, decide who will live in the family home and ensure everyone is on the same page. Our expert team will work with you during this sensitive time to help you make sense of what lies ahead.

Separation agreements explained

Separation agreements help to determine how you will live apart. Married or unmarried couples may make use of a separation agreement. Unmarried couples with children may find a separation agreement particularly helpful as they will not enjoy the same protection as married couples. A separation agreement could cover the following:

  • How you will divide your money and belongings

  • Who will live where

  • What will happen to your home if you sell it

  • Childcare arrangements

  • How you will split marital debts and outstanding bills

If you are only concerned with child care arrangements, a parenting plan might be more appropriate. You may also wish to explore a financial agreement prior to your divorce.

Frequently asked questions

What is a separation agreement?

A separation agreement is a form of legal separation. It will allow you to live apart without divorcing or dissolving your civil partnership. There are many reasons couples may separate without formalising the end of their relationship through a divorce. A separation agreement helps to untangle your lives so that you can live apart and move forward with your lives. It can help both parties to understand what is expected of them once you have decided you no longer want to continue with your relationship.

Can you do a separation agreement without a solicitor?

Some couples will choose to have an informal agreement instead of a separation agreement. If your relationship were to deteriorate, a judge is unlikely to uphold the terms of an informal separation agreement. While it might feel like an unnecessary formality if your separation is amicable, it can be helpful to have a contract in place. Your separation agreement can also form the terms of your divorce, so it helps to have legal oversight as you move towards a permanent separation.

Is a separation agreement binding?

A separation agreement is not a court order, and the courts will not play any role in determining the contents. However, it can be considered a contract and can still be challenged in court if one party is not following the terms. This is why it is helpful to work with a family solicitor to agree on the terms. A separation can be made into a consent order as part of the divorce process, and this would make it a legally binding agreement.

What happens if you break a separation agreement?

Most separation agreements will include provisions and steps to take if the agreement is not followed. If both parties entered into the agreement following full financial disclosure and legal advice, a judge would likely uphold the contents of the separation agreement in court.

Our specialists in Separation Agreements

Nicholas Thomas

Managing Director

Stephanie Howard

Associate Solicitor

Hannah Smith

Trainee Solicitor

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