When things start going wrong, is there an alternative to divorce?
Because life is never always black and white, you may find yourself at a low point in your relationship where things are going badly but you don’t yet want the finality of divorce.
In such situations, you may find that a Separation Agreement provides the comfort you need.
What is a Separation Agreement?
A separation agreement can be sued where you wish to separate but are not ready for a divorce. Sometimes the agreement is only intended to regulate the terms of a temporary separation, for example, who is to pay the mortgage and other outgoings.
What are the benefits of a Separation Agreement?
A separation agreement can include a wide variety of provisions dealing with, for example, maintenance, financial matters and arrangements for any children.
The agreement is flexible and, save for a handful of limitations, can include any provisions which you and your spouse deem appropriate. You can also agree to make changes to the Agreement.
In what kind of situations do couples use Separation Agreements?
Financial matters often cause some of the biggest problems between couples and are a prime cause of marriage breakdown. A Separation Agreement may reduce the tension primarily by providing financial certainty without having to involve the Court.
Separation agreements can be tailored to the needs of each couple and can, for example, deal with the following :-
- Living apart: the agreement to live apart, free from interference from the other spouse, is a key feature of a Separation Agreement.
- Maintenance: one party can agree to pay maintenance to the other and/or for any children. However, such an agreement may not prevent the Child Support Agency becoming involved.
- Property/Finances: arrangements for the division of assets or the discharge of debts are a common feature of Separation Agreement.
- Arrangements for the children.
How do Separation Agreements work?
A Separation Agreement is a contract and, therefore, a legally binding document. If either of you then fails to respect the provisions of the agreement, the other may take legal action for breach of contract.
However, if not prepared properly then it may not prove to be legally binding. It is, therefore, important that both of you receive separate and independent legal advice.
To receive a FREE consultation with a fully qualified solicitor, click here…
What happens if we have a Separation Agreement and then get divorced?
Should you and your spouse subsequently divorce, provided your Separation Agreement is drawn up properly and is reasonable, a Court is unlikely to interfere with it and will usually seek to uphold the provisions contained in it.
Are there any drawbacks?
There are some drawbacks to Separation Agreements, including the fact that they are harder to enforce than a Court order.
In addition, a Court can, following an application by either of you in subsequent proceedings, make orders that differ from the provisions of the agreement. However a Court will only alter the terms of a Separation Agreement with good reason, for example, if the agreement is unfair or defective.
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