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Separation Agreements Explained

This blog outlines the basics of a separation agreement, to give you a general idea of what they are and what they entail.

Separation agreements can be a fantastic solution to outlining how a separation will take place. However, there is a lot of confusion about how they operate, where they are appropriate, and how they are enforced.

Solicitors can help negotiate a fair and enforceable separation agreement and are required to formalise them. Reach out to our team of experienced family law solicitors today for more information.

What is a Separation Agreement?

Separation agreements are a proactive method of organising your affairs productively and fairly as a relationship begins to break down. They are available to couples with a formal relationship like a marriage, civil partnership, or even cohabiting couples.

Separation agreements can cover a wide range of topics:

  • Who lives in the family home, and what will happen if it is sold.
  • What happens to cars and other significant purchases which may have been made together.
  • What happens to debts, like loans and credit cards, or assets like investments and savings.
  • What happens following the death of either party.
  • Who is responsible for rent or mortgage payments.
  • Childcare arrangements.
  • What happens if either party breaches the agreement.

It is crucial to keep in mind that the scope of what can be included in a separation agreement is incredibly broad. We couldn’t possibly outline absolutely everything that can be formally agreed upon here. However, in drafting your agreement, we can help shape it to reflect your individual needs.

A solicitor must draw up a separation agreement formally in what is known as a minute of agreement. These documents will outline the agreements you and your partner have come to.

At Kee Solicitors, we have helped countless couples reach and formalise their separation agreements by confirming what has been agreed and helping to mediate any points of contention to reach a fair conclusion. To start your process today or inquire about our services, give us a call on 0141 611 1191.

Are Separation Agreements Required for a Divorce?

Separation agreements aren’t necessarily required for a divorce. Some couples, for example, are already on such bad terms that arranging things with this method is unrealistic. In that case, arrangements may have to be discussed and determined by Courts.

Some couples are on such good terms that they feel they do not need a formal separation agreement. While this is often true, some relationships can deteriorate further during the stressful process of separation, and a formal separation agreement can be invaluable.

It is also worth considering that both parties must disclose their finances for a separation agreement to work fully. Therefore, if you are in a relationship where you think there is a risk of deception in this regard, a separation agreement may not be an appropriate solution.

Whether or not a separation agreement is appropriate for your situation depends on numerous factors and has to be decided on a case by case basis. Speak to one of our solicitors today to find out if it is a suitable solution for your situation.

Are Separation Agreements Legally Binding?

The court has no involvement at all in creating a separation agreement, which in many ways is one of their main advantages. However, separation agreements are legally binding contracts and if one party does not comply with the enforcement of this contract, a court order may then be appropriate.

When drawn up formally by a solicitor, a separation agreement is a contract between two private parties. As such, it can be challenged in court like any other contract assuming it was drawn up correctly by a qualified solicitor. As such, the contract can be enforced or challenged on the same grounds as any other contract.

Provided the contract has been drawn up fairly with no unjustified pressure placed on one party by the other, and that both parties had legal capacity to agree to the contract, the Courts will likely enforce the contents of the separation agreement.

If one party is being forced to adhere to unfair clauses, if you think the process was misrepresented to you, or if you were pressured in any way to sign the agreement, speak to our team immediately. If there are any legal grounds for challenge, our team will find them.

Get in Touch

We cannot overstate the importance of seeking reliable advice when coming to a separation agreement. Not only are we required to make the agreement formal, but our advice can help ensure any agreement reached is fair and just whether we provide advice for one party individually or both parties.

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