Separation Agreements

What is a separation agreement?

Separation agreements are most commonly used by married couples or civil partners who are considering divorce or dissolution but don't want to rush into making such an irrevocable decision.

They are also used by people who don't wish to divorce for religious reasons, or who can't yet divorce or have their civil partnership dissolved because they do not meet the requirements. Separation agreements set out your financial arrangements while you are living apart, and generally cover areas such as:

• Houses and property
• Childcare arrangements
• Mortgage and bill payments
• Debts
• Savings and investments
• Possessions
• Pets

Are separation agreements legally binding?

Separation agreements are not legally binding. An agreement is not a court order, and a court is not usually involved in creating them. It is a contract between two people and therefore could still be challenged within court like any other contract.

Separation agreements are advantageous to both parties as they may be able to stop one of the parties from later changing their minds about an agreement that has been reached. A separation agreement therefore can help safeguard your position and if either party seeks to breach the terms, you can apply to have it enforced by the courts.

If a separation agreement is entered into voluntarily by both parties, it is unlikely a judge will amend the terms. If you have an existing separation agreement, but later disagree and require the courts to settle the dispute, then there is the chance that a judge may not vary it when making financial orders and child arrangement orders.

For a court to consider upholding an agreement within divorce proceedings, it would have to fulfil these conditions:

• Both parties took legal advice before entering the agreement
• Both parties' circumstances are broadly similar to when the agreement was made
• Both parties made full and frank financial disclosure

Why choose Westridge Legal?

We work with you to ensure you understand the separation agreement process and feel comfortable with every decision. It's important to work with experts whom you trust, and who have the knowledge and experience to secure you the best possible result.

Our team of family lawyers are aware of the sensitivity and complexity involved in such matters. We understand that every individual requires different care and are here to support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.