Frequently Asked Questions
What is a Separation Agreement?A Separation Agreement is a legally binding contract setting out each party's rights and obligations to the other. If agreement can be reached reasonably quickly between the parties and a Separation Agreement is drawn up, it is cheaper and less stressful than going through a court case. Many couples formalise their separation in this way.
The main issues dealt with in a Separation Agreement are as follows:
- An agreement to live apart
- Agreed arrangements in relation to custody and access to children
- The occupation and ownership of the family/shared home and any other property
- Maintenance and any lump sum payments
- Indemnity from the debts of the other spouse/civil partner
- Property divisionWho should use this Separation Agreement?This Separation Agreement is intended for married spouses or civil partners who can agree on the terms of their separation and accept such a settlement. The essence of a Separation Agreement is that it is an agreement. Both parties must consent to the terms of the agreement.Do parents have a responsibility to support children financially?Parents have a legal responsibility to maintain dependent children. A child is dependent if they are under the age of 18, or 23 if they are in full-time education. If the child is over 18 and under 23 and the financial circumstances do not allow them to attend further education, maintenance can be applied for in order to facilitate further education.
If the child has a mental or physical disability to such a degree that it will not be possible for the child to maintain themselves fully, then there is no age limit for seeking maintenance for their support. Each party must disclose their finances to a court which will ultimately consider all of the family’s circumstances when making a maintenance order.