If you have separated from your spouse but you are not yet ready to get a divorce, you can make a separation agreement.
A separation agreement sets out the arrangements you and your ex-partner have made regarding money, property and child care. It can include things such as how you are going to divide any savings, who the children will live with and what will happen to the family home.
For couples who want to get divorce immediately, a separation agreement won’t be necessary.
A separation agreement is not legally binding but if you do get divorced, the court will consider the arrangement you have previously agreed to.
What should a separation agreement include?
We will write a separation agreement to best fit your particular circumstances. For example you may want a separation agreement to include:
- how much each of you contributes to rent/mortgage or household bills until you can vacate, sell or transfer your home
- how to deal with any mutual debts
- how to deal with any proceeds from the sale of a property, after paying off any outstanding mortgage balance or sale costs
- how to deal with any pensions, joint bank accounts or credit cards
- what will happen to items you’ve bought together, such as cars and furniture
- what will happen to the family pets
- maintenance agreed to support one person and/or any children
- who the children will live with and when they will see the other parent
How much does a separation agreement cost?
Our family law solicitors offer a hourly rate for separation agreements, starting from £210 per hour.
What’s the difference between divorce and separation?
A divorce legally ends a marriage between two people. A separation agreement does not end the marriage, it sets out the terms of the separation that the couple have agreed to.
A divorce is legally binding, but a separation agreement is not, although a court is likely to take it into consideration if the couple divorces in the future.
Separation agreements for couples living in the same house
If you are separated but living together in the same house, we can advise you on how to maintain separate households under the same roof, and the implications this might have if you decide to divorce.
To be separated in the eyes of the law, you must be ‘maintaining separate households’. This is the legal way of saying that you must lead separate lives, despite the fact you are living under the same roof. In order to comply with the legal definition, you must no longer share the day to day activities of the household, such as:
- sharing a bedroom
- sharing food shopping
- cooking for each other
- eating meals together
- doing each other’s laundry
If you are living together and you plan to divorce later on the basis of separation, the court will want to see that you are maintaining separate households.
Should I get divorced or make a separation agreement?
Some people do not want to start divorce proceedings straight away. This could be for any number of reasons, such as being unable to afford separate households or wanting to rely on two years’ separation when getting a divorce. Alternatively, there may be a property that has fallen into negative equity, making it necessary to delay the divorce.
In the meantime, you and your ex-partner need to make important decisions about your finances, property and children. Even if you are still living together, you need to figure out issues such as who is going to pay the bills, who will stay in the family home when the divorce does go through, and even which rooms each person is allowed to use while you live together in the same house.
When you reach an understanding, you can formally record your arrangement in writing with a separation agreement. It’s helpful to think of it as an interim agreement so that when you do get a divorce it will be mirrored in the divorce financial settlement.
What can our settlement agreement solicitors help with?
- initial legal advice by consultation or detailed telephone call
- advising you of the implications of signing a separation agreement
- informing you of the financial information needed and drafting a schedule setting out your respective financial positions
Property dispute claims – TOLATA
For unmarried couples who are separating and who own land or property together, the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) gives courts certain powers to resolve disputes about the ownership of land.
Our family solicitors can help you to resolve a property or land ownership dispute, whether going to court is required or not.
A TOLATA claim can also be issued:
- to force the sale of land or property
- to reoccupy a former family home when an ex-partner refuses to leave
- by parents/grandparents wanting to recover their financial interest in the property
- to determine the share you each own
Financial provision for children of unmarried couples
Unmarried couples with children who separate do not have the same legal remedies as married couples who divorce.
Some couples can reach an informal agreement between themselves in relation to the appropriate level of child maintenance to be paid to the parent with care. If this is not possible then in most cases the Child Maintenance Service (formerly the Child Support Agency or CSA) can carry out an assessment. The Child Maintenance Service do not however have jurisdiction in all circumstances and do not have the ability to make any capital awards for the benefit of children.
In cases where there are substantial assets it may be possible to obtain a capital lump sum and/or apply to the court for the transfer or settlement of property for the benefit of children.
It is also possible to apply to the courts for ‘top up’ child maintenance, school fees or costs associated with bringing up a child with a disability in cases where the absent parent has substantial income.
- you have reached with your partner
- any negotiations if there is a disagreement
Why choose Co-op Legal Services?
Reasons to choose us: – no nasty surprises – we will provide a written quote before we start work – the fee we quote you in writing for the agreed work is the fee you pay – no legal jargon – we will take time to understand your needs and provide clear explanations
You can expect us to:
- always act with integrity and in an ethical, responsible and constructive way
- always deliver our services in easily accessible ways to suit you
- keep the bigger picture in mind to help you at every step of your case
- help you ensure the benefits of any steps are balanced against financial or emotional costs
- inform you of all your options to help you decide what is best for you
