If you are married, in a civil partnership, or in a cohabiting relationship and you are separating from your spouse or partner you may need a separation agreement.
Family law solicitor, Angelique Holm, can advise you on whether you need a separation agreement and what should go in it.
For family law advice call Angelique Holm on 0203 488 8620 or email
[email protected] or visit our website Hopeholm Family Law.
What is a separation agreement?
A separation agreement sets out the agreement you have reached with your partner over your separation. The separation agreement can be wide in scope or limited to a specific issue.
For example, if you have children your separation agreement could detail the planned parenting arrangements for your children, including if care will be shared or detailing the parent who will be the primary carer, the contact arrangements, the agreement reached over holiday contact and taking the children overseas on holiday and the whole host of other potential areas of a parental dispute after a separation or divorce.
For example, if you are married or in a civil partnership you may not want to end your marriage or dissolve your civil partnership straight away. The separation agreement could record when it is agreed that no-fault divorce proceedings will be started and clarify if you will be joint applicants or if one of you will apply for the divorce. If you have reached a financial settlement the separation agreement could also record what you have agreed and say that you will both cooperate and ask the court to make an agreed financial court order once the court has made a conditional divorce order.
For example, if you are unmarried, the separation agreement could record what is to happen to the family home or how you will deal with any joint debt or investments. If you jointly own a property together and have children one of you may want to stay in the family home until the children are at least 18 to give the children stability. The separation agreement can record your agreement over what should happen to the family home and the triggers for its sale. These could include the occupying partner living with a new partner or getting married or the children leaving the family home or the youngest child reaching the age of 18.
Why do you need a separation agreement?
There are some situations where you do not need a separation agreement and getting your family solicitor to prepare one for you would duplicate work. In other scenarios, not having a separation agreement could result in a dispute over what was agreed at the time of your separation. That could lead to court applications and big legal bills in sorting out the matters you thought were agreed upon. In the right circumstances, a separation agreement can save you a lot in legal fees as well as time and stress.
The job of a family law solicitor is to work out if a separation agreement is necessary and in your best interests. They will then negotiate the wording of the separation agreement and make sure that it is watertight. You need certain technicalities taken care of so there is less chance of your former partner being able to claim that the terms of the separation agreement are not binding.
Here are some examples of why you may need a separation agreement
- You are splitting up from your unmarried partner. The property is owned in his name but you helped with the mortgage payments and paid for a new bathroom. You have both taken separate legal advice and he reluctantly agrees that you have a beneficial interest in his property. You don’t want him to sell the property because he needs somewhere to live and a sale could take ages to complete. He agrees to remortgage the property to give you an agreed sum to reflect your beneficial interest in the property. You need a separation agreement to record the agreed amount and payment date and the consequences of his not paying the sum by the specified date
- You are separating from your wife and you both agree the family home should be sold. You have found a buyer quickly and don’t want to delay the sale. Neither of you has started no-fault divorce proceedings so the court cannot make an agreed financial court order yet. The answer is to sign a separation agreement recording your financial agreement so the sale of the family home can go ahead. When you obtain your conditional order of divorce you can ask your family law solicitor to convert your separation agreement into a financial court order
- You have ended your relationship with your former cohabitee. You are joint owners of the property you live in but he has said he is moving out to live with his new girlfriend. You have agreed to take over the mortgage payments but it will take time to get the house and mortgage transferred into your sole name. You are worried that if house prices increase whilst you are trying to sort out the transfer and mortgage, he will want to renegotiate the sum you have agreed to pay him. The answer to that issue is to get him to sign a separation agreement saying that he will transfer the house to you for the agreed amount. The separation agreement should also cover any other issues, such as who owns the household contents or the car or how the car loan repayments and the credit card debt (used to pay for joint holidays and other joint expenses) will be factored in when working out the amount you are paying him for his share of the equity in your old family home
There are many other reasons why you may need a separation agreement. If you are unsure about whether a separation agreement is necessary in your circumstances it is best to ask Angelique Holm as she can advise if an agreement is required and can help ensure that your agreement protects your interests.
For advice on separation agreements and resolving family law disputes advice call Angelique Holm on 0203 488 8620 or email [email protected] or visit our website Hopeholm Family Law.