Legal Separation

Guiding you through the process, and provide personalised recommendations that for your situation is essential.

Why Legally Separate?

What is a separation agreement and why might you need one?

A separation agreement is a document prepared when parties want to stop living together as a couple, setting out the terms of any settlement or agreement for finances, property and children. An agreement can include details on how bills and commitments like a mortgage or rent will be paid after the relationship has broken down.

A separation agreement can be used for married and unmarried couples. Unmarried couples may also find this agreement particularly useful as they are not protected by the law in the same way as married couples.

For married couples, a separation agreement can formally set out how finances and assets can be divided or split and who is responsible for what financial commitments, until it is decided whether to proceed with a divorce or dissolution.

How binding are separation agreements?

Separation agreements are not legally binding as although they can be a formal legal document, they are not technically legally binding in their own right.

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. This is why it is important to ensure they are correctly drafted.

For married couples, a separation agreement can often be made into a financial consent order within any future divorce proceedings, by having your solicitor properly draft it and then applying to the court – so making it legally binding. An agreement can also help speed up the divorce process, if arrangements have already been agreed in advance.

Reasons and Benefits of Legal Separation

Why legal separation may be more appropriate to consider than divorce.

Gives you time to determine if you can reconcile
Can retract the separation easily by simply getting back together and having it revoked by the court.
For religious beliefs, may mean that you are unwilling to divorce, but do wish to show that you and your spouse are no longer together.

Less expensive than a divorce in most cases.
If you’ve been married for less than a year, you can’t divorce until the year is up and in many cases you may need to be separated for two years before a divorce can be granted. In these cases a Legal Separation will set out the financial terms you and your spouse must adhere to whilst you are waiting to divorce. This is a good way to protect your interests during this interim period.

Agreement Purpose

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 as, if one of you later refuses to keep to the terms of the agreement, you can ask a court to enforce the terms.

If a separation agreement is entered into voluntarily by both parties, with full disclosure of their finances, the benefit of legal advice and the agreement is reasonable, 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 see no reason to 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.

The suggestions offered are tailored to your individual situation, whether you are facing challenges in finances, property matters, or with your children. We collaborate to devise a plan that is best suited for you.

Should you choose divorce or a separation agreement?

When a relationship breaks down, it isn’t possible to legally divorce or dissolve the partnership straight away. For example parties may not wish to cite adultery or unreasonable behaviour for the breakdown and would have to wait two years for a non-fault based divorce. The period of time between the breakdown of the relationship and the opportunity to file for divorce can be difficult for both partners, especially as bills and other financial commitments will still need to be paid in the meantime, even if they are no longer living together. For some couples, separation may not lead to divorce. They may choose a period of separation but ultimately decide that they wish to get back together, or that they are not ready to pursue a divorce at this point and want the separation to continue indefinitely.

Who We Work With

Individuals facing divorce or separation
Parents and other family members seeking child arrangements
Individuals involved in cohabitation disputes
Mediators
Family consultants and therapists
Expats and multi-national couples
High asset individuals
Specialist advisors such as in cases involving addiction or abuse

Separated but Living Together?

If you have separated from your spouse or partner but are both still living at the same address, you may wish to consider a separated but living together agreement, which is essentially a separation agreement, but with the understanding that you are both residing in the same property for the time being. This type of living situation can be very challenging, during what is already a very difficult time, so we recommend that you have a separation agreement drawn up that will outline how the household will work from a financial point of view, to avoid any ambiguity or misunderstandings, now and in the future, over who is financially responsible for what.

Family Law Services

Find out more about family law services that we offer.

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Why Us

We are local family law solicitors who specialise in family law services and mediation.

Andrew provides excellent counsel and representation. He is always prompt, efficient and incredibly professional. He came highly recommended and I understand why, it is very reassuring to have his guidance and support.

Mrs H – Manchester, April 2024

Book a Free Consultation

Contact us to book a free consultation call to discuss what your concerns and for advice, recommendations and to give you an indication of what to expect in the process.

Email Us

01904 862176