What is a Separation Agreement, and is it right for me?
A Separation Agreement is a formal contract between two people whose marriage or civil partnership has broken down. It specifies how you will deal with shared assets, finances, and any ongoing responsibilities while you remain legally married or in a civil partnership. Although it does not legally end your marriage, a Separation Agreement can help you formalise your arrangements during a period of separation.
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Your Questions, Answered
FAQs
Separation Agreements FAQs
Can I have a Separation Agreement if I’m not married or in a civil partnership?
Yes. Separation Agreements can be useful for cohabiting couples who are not legally married or in a civil partnership but wish to separate. As cohabitees do not enjoy the same legal rights as married couples, clarifying financial interests, property ownership, and other responsibilities in writing can provide essential clarity and protection.
When would I need a Separation Agreement?
You may consider a Separation Agreement if:
- You’re not ready or eligible to divorce (e.g., the marriage is under a year old or you have religious objections).
- You’d like some time apart to decide if you want to end the marriage.
- You’ve agreed on how to divide assets and want that arrangement documented while you remain legally wed.
- You’re cohabiting and separating, needing to set out financial responsibilities.
Is a Separation Agreement the same as a divorce?
No. A Separation Agreement does not legally dissolve your marriage or civil partnership. You remain married in the eyes of the law, which means you cannot remarry. Some couples prefer permanent separation and never pursue an official divorce. Others use the Separation Agreement to outline how they’ll manage finances until they’re ready to end the marriage legally.
Can I still get divorced after signing a Separation Agreement?
Yes. Should you decide later to end your marriage or civil partnership, you can still apply for a divorce or dissolution. A Separation Agreement can guide financial negotiations when you proceed to divorce, helping to inform the consent order that formalises your financial settlement in court.
Do I need legal advice for a Separation Agreement?
While not legally required, it’s strongly advised. A Separation Agreement can have significant implications, especially concerning finances and property. By consulting a solicitor, you’ll ensure that:
- Each party receives independent legal advice from different solicitors.
- The agreement is thorough, fair, and considers both parties’ interests.
- Potential imbalances in power or finances are addressed, preventing future challenges.
- Any further legal steps, such as turning your Separation Agreement into a consent order should you divorce later, are more straightforward.
If you and your ex-partner struggle to agree, mediation is an option to help smooth the process. Remember: if you pursue divorce or dissolution in the future, it’s wise to seek additional legal counsel. Your solicitor can transform your Separation Agreement into a draft consent order, making your arrangements legally binding within divorce proceedings.
Contact HM & Co. Solicitors
If you need guidance on whether a Separation Agreement is right for you, or support with any family law matters, our experienced team is here to help:
HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com
We provide clear, practical advice to safeguard your interests and help you move forward with confidence.
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