Why Have a Separation Agreement?
The purpose of a separation agreement is so that you and your ex can separate now and reach agreement now on matters of child contact, debts, rent or mortgage payments etc until you have decided where your marriage is going, or if you are going to separate for a while before you decide what you are going to do. For example, a couple who have decided to separate but are not yet ready for divorce. Perhaps you wish to separate for a period of time to work out things between you or are not yet ready to divorce? Or may not be planning to divorce but just need an agreement about who is to be responsible for things while you are apart.
A benefit of a separation agreement is that you can reach agreement now without having to Divorce. Not everything needs to go into a separation agreement and it does not have to be as detailed as a final agreement. But it can be an agreement now which can work now whist you spend time apart before you finally decide what you wish to do.
Matters that can go into a separation agreement can include the following:
• How long you are going to wait before you start divorce proceedings.
• Who is going to start the divorce proceedings.
• How much each is going to contribute toward the cost of the divorce.
• Who is going to have the children living with them.
• Child contact.
• Maintenance, and how much maintenance
• Who is going to live in the matrimonial home
• What is going to happen to any life insurance policies and endowment policies
• How any savings are going to be split
• What is to happen regarding each person's pension.
• Who gets the family car
• Who is going to keep the family pet
• How much each will contribute toward family debts
These agreements are important because if you dont have one and you separate, it can result is disagreements which can effect you going forward. For example if one of you leaves and does not pay that credit card bill then it could result in your credit rating being damaged, even though you thought your other half was paying it.
How it works
Simply pay online then we will email you a set of questions for you both to complete. Our nominated solicitor will then specially prepare your draft separation agreement and discuss it with you.
What it includes
Legal Advice on the implications of the agreement
Going through a questionnaire with you
Discussing with you in detail the agreement
Drafting a detailed agreement specific to your instructions.
What it does not include
Implementing the agreement by way of property transfer
Negotiations in the event of a disagreement with your spouse
Advice on what should be in the agreement by right. This is because to give such advice would require involvement from other professionals such as a professional valuation. Such valuations can be arranged by request but it would have to be agreed in advance as a separate price.
* The Separation Agreement Service is most suitable for those who know what they want and have agreed most of the division and just want it formalised before they separate.
** It is not likely to be suitable for those with high value assets or those who have already been involved with Court proceedings.