Separation

There are a wide variety of situations where couples decided to separate.

In some cases a separation agreement is really important, especially where the parties might separate for a lengthy period before deciding on next steps i.e whether to finally and fully end their relationship.

Whether you're married or unmarried, separating has significant legal implications. These can differ depending on whether you are married or not.

How we can help

The deep experience our family lawyers have means we can advise you on the legal aspects of separation and help you decide whether you need a separation agreement and if so, what it should include.

We have specialist family lawyers in many locations in England & Wales and more than 10 offices in London alone. Our fees are competitive and our advice practical.

By contacting us you can choose the right lawyer in the right location at the right cost for you.

Separation - what to think about?

Things we find clients benefit from considering include:

• Are you married or not? - If separating and not married, it is very difficult to enforce breach of any financial commitments by the other party, such as maintenance payments.

• Will the separation likely be long term or not? - If you are married, you may want to rely on two years separation as grounds for your divorce.

• Are you both liable for a mortgage? - if there is a default, you will both be individually liable for the full arrears so should consider this in a separation agreement.

• Who will live where? - is the time right to consider and include in a separation agreement who will live in the property and long term financial issues based on the separation?

What to include in a separation agreement?

Generally speaking, the starting point will be considering and negotiating on :-

• Division of Assets

• Spousal Support or Maintenance

• Child Care Arrangements

• Practicalities - such as who will live where and who will pay for what.

Read our more detailed informational guide to separation to find out more about separation agreements.

Financial disclosure

In terms of enforceability and relevance in any subsequent divorce proceedings, before finalising a separation agreement, both parties need to make full disclosure on all financial matters. Ideally, both parties will also have received legal advice.

Enforcing a separation agreement

Enforcement depends primarily on whether you are married or unmarried. With married couples, a separation agreement can influence but not fully determine financial settlements in a divorce and the terms of a separation agreement can be overridden by the court. With unmarried couples, the agreement is treated as a standard legal contract, with no extra intervention from family courts.