If you want to arrange a separation agreement between you and your spouse or civil partner, you can count on the team of experienced solicitors here at PDA Law to guide you through the process. We have years of experience in drawing up separation agreements for our clients in an efficient manner, so you can be sure that trusted professionals will handle your case with care.
What is a separation agreement?
A separation agreement is a contract between spouses or civil partners who wish to have their separation legally recognised. A separation agreement allows a couple to stay legally married but live separately. This agreement is legally binding and should outline a couple’s rights and obligations towards each other and any children involved.
The separation agreement negotiation process
The terms discussed during a separation agreement are the same as those also addressed during a divorce. Both parties must consent to the terms of their separation agreement. If they cannot come to an agreement, they must negotiate the terms through a mediator.
The negotiation process will address important issues such as:
- custody agreements for any children
- visitation agreements for any children
- maintenance payments
- division of finances and debts
- division of property
Once both parties have come to a fair agreement, the separation agreement must be written up and signed by both parties. This document is called a Deed of Separation and is a legally binding contract.
What is the difference between a separation agreement and a divorce?
There are certain benefits of a separation agreement that a divorce does not provide. These advantages include:
- Allowing couples time apart to decide if they want a divorce
- Retaining marital benefits and rights such as medical, tax, family and employment benefits
- Allowing couples to legally retain marital status if their religion conflicts with divorce
- The ability to turn the separation agreement into a divorce settlement in the future
Contact us today
If you are thinking of entering a separation agreement but would like some expert advice first, call our friendly team of family solicitors today on 01244 373 373.