A separation agreement is a document that sets out the terms of your separation, addressing matters such as those listed above. However, negotiating a separation agreement can be challenging, particularly at a highly emotional time for you and your family. In this article, we take a look at some of the most common mistakes to avoid when going through the process of negotiating a separation agreement.
If you have decided to separate from your partner, there are certain practicalities that you will need to work out together. Even if you are unsure if you will divorce or dissolve your civil partnership, in the interim, you will need certainty about matters such as:
In many cases, parties can feel pressured into agreeing to terms they are unsure of for the sake of ‘getting it done’. In family relationships, people can often put their emotions before their practical and financial needs, which can cause problems later on. In this situation, having a lawyer to fight for your best interests can be useful. A solicitor will listen to you and what you want from the agreement and negotiate the terms on your behalf.
While a separation agreement itself is not legally binding, when you enter divorce proceedings, the court will take into account your previous agreement and arrangements. As a result, it is important that you do not consider the terms of the agreement only as an interim arrangement but also the consequences for you and your family in the long term.
While it may be simple to come to an informal agreement, if you want to protect your arrangement, you should take steps to ensure that it is formalised and recognised by a judge if you go on to divorce. A judge will normally recognise a separation agreement when the agreement is fair, both parties fully understood what they were agreeing to, and the document has been drafted by a solicitor. Generally, you and your partner’s financial circumstances must be the same as when you entered into the agreement.
Separation involves a lot of change. However, we would recommend holding off committing to a new rental agreement, mortgage, car finance or any other substantial financial commitment until the terms of the separation are clear. Your partner may have verbally committed to a financial arrangement, but this could be very different to what is set out in a formal document.
If you need advice on any family matter, please get in touch with Tracey Dargan, Partner and Head of Family and Divorce.
Please note the contents of this article are given for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances.
