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 division
Who 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.Will my Separation Agreement be legally enforceable?When the document has been drawn up and signed by both parties it becomes a legally binding written contract. It is also called a Deed of Separation. It is an alternative to a judicial separation.
A Separation Agreement can later be made into a rule of court by application to the courts if you need to enforce under specific legislation.