Separation agreement solicitors
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Our separation agreement solicitors provide expert legal advice and support to help you navigate the complexities of separation and divorce, including financial settlements, child arrangements, and property disputes.
Our experienced separation agreement solicitors are the ready to provide you with the support and guidance you need to navigate this challenging process.
Separation can be viewed as a trial period to assess your relationship, or as precursor to divorce. In either case, it’s sensible to have a Separation Agreement to set out what the arrangements for your children, property and finances while you are separated. As experienced separation solicitors, we will give you practical advice and draw up an agreement that safeguards your interests in the short or long term.
A divorce can seem an irrevocable step, and many couples opt for a period of separation to see if they change their views on their relationship. Whether you’re choosing separation to assess your relationship or as a precursor to divorce, you’ll benefit from legal advice to know exactly where you stand, in terms of the arrangements for your children, finances and jointly owned assets.
Many couples in this situation find it helpful to enter into a Separation Agreement (sometimes called a Deed of Separation).
What is a separation agreement?
A separation agreement is a legal contract between two individuals who are separating or divorcing that sets out their rights and obligations with respect to property, assets, financial support, and other related matters. If a divorce follows then the terms of the agreement can be incorporated into a consent order to make them fully binding.
What is the purpose of a separation agreement?
A separation agreement makes sure that there is legal documentation that outlines the terms of the separation and what both parties have agreed to. It means that both parties have a clear understanding of what is expected of them and how the assets will be dealt with. It can be relied on in any future divorce proceedings if ether partner seeks to change the financial settlement terms.
Making arrangements for the care of your children
It’s important you think carefully about the arrangements for your children when you separate from your partner. This can be difficult to agree with your partner. You may want to consider with whom the children will live, what time they will spend with each parent and other day to day arrangements for their care.
At Moore Barlow, we have supported many couples through their separation and have assisted parents to successfully negotiate terms tailored to their own and their family’s specific needs. We have found the older the children are, the more likely they are to want to be involved in the discussions and to express their views about those arrangements, so this might be something you want to consider. Our solicitors have extensive experience dealing with these kinds of cases and approach them with the sensitivity and care they need.
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Property rights
Depending on your own individual situation, you may want to think about living arrangements if you are planning on separating from your partner. In some cases couples will need to spend some time apart, and it is important that you have spoken about this with your partner.
Your property rights do not usually change when you separate. If you are the legal joint owner of property, your physical separation will not change that. If you are married and the family home is in your spouse’s sole name, it’s sensible to register a Matrimonial Homes Rights Notice against the title of the property. This should prevent it being sold, mortgaged or otherwise dealt with while you are separated, possibly without your knowledge. As expert legal separation solicitors, we can give you advice about property rights and prepare this notice for you.
What are the tax implications of separation?
It’s important that you make sure you are aware of any changes or implications concerning the tax you pay as a result of your separation. There are potential tax implications of separating. Specialist advice should be obtained as early as possible from us about the practicalities and from a tax accountant so you are able to make fully informed choices.
Depending on the specific circumstances of your separation, the tax implications you may incur can vary, but one of the main considerations may be your exposure to CGT (capital gains tax).
How can you void a separation agreement?
A separation agreement can be made void if both parties decide they want to reconcile and attempt the marriage again, this means the agreement can be nullified. However, it can also be made void if one or more parties could not legally consent to the agreement, which is usually if an individual was under duress or not of sound mind.
Why choose our separation agreement solicitors?
Our separation agreement solicitors are the best choice for anyone looking for expert guidance and support during the difficult process of separation. With years of experience and a deep understanding of family law, our team is dedicated to helping clients reach fair and amicable agreements that protect their interests and those of their loved ones. We pride ourselves on our compassionate approach and our ability to provide practical solutions to even the most complex family law issues. Choose us for peace of mind during this challenging time.
How can our separation agreement solicitors help?
Let our separation agreement solicitors can provide you with the legal support and guidance you need to navigate the complex process of separation. We can help you understand your rights, negotiate fair terms with your partner, and ensure that your interests are protected throughout the process. Our goal is to help you achieve a smooth and amicable separation that meets your needs and those of your family.
We have offices in London, Richmond, Southampton, Guildford, Lymington and Woking and we offer specialist support to clients nationwide. If you going through a separation or are considering it and have questions regarding family and divorce law, contact the Moore Barlow team today.
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Frequently asked questions
Do I need a solicitor for a separation agreement?
It is not required to have a solicitor for a separation agreement, but it is recommended. A solicitor can provide legal advice, ensure your rights are protected, and help negotiate fair terms. They can also assist with properly drafting and reviewing the agreement to ensure it is legally binding and enforceable.
How legal is a separation agreement?
A separation agreement is a legally binding contract signed by both parties involved in a separation or divorce. It outlines the rights and responsibilities of each party, such as child custody, support, and division of property. As long as the agreement is drafted properly and meets the legal requirements of the jurisdiction, it is generally considered legally enforceable.
How do you arrange a separation agreement?
To arrange a separation agreement, both parties need to be willing to negotiate and come to an agreement on the terms of the separation. This typically involves discussing matters such as child custody, division of assets and debts, spousal support, and any other relevant issues. It is advisable to seek legal counsel to ensure all aspects are properly addressed and the agreement is legally binding.
What am I entitled to if I separate from my husband or wife?
The entitlements vary depending on the jurisdiction and individual circumstances, but typically include division of assets and debts, child custody and support, spousal support (alimony), and potentially other forms of financial support or compensation. It is recommended to consult with a lawyer to understand the specific entitlements applicable to your situation and location.
What do you agree in a separation agreement?
In a separation agreement, the parties involved typically agree on various issues such as the division of assets and debts, child custody and visitation arrangements, child and spousal support payments, and any other matters related to the dissolution of their relationship.
Can you write your own separation agreement?
Yes, you can write your own separation agreement. It is recommended to include important details such as division of assets and debts, child custody and visitation schedules, and any other mutually agreed terms. It is always advised to consult with a lawyer to ensure the agreement is legally valid and meets your specific needs.
How to void a separation agreement?
To void a separation agreement, you typically need to prove that it was entered into under duress, fraud, or coercion. You may also need to show that the terms of the agreement are unconscionable or that there was a mistake in the agreement. Consulting with an attorney is recommended to understand the specific requirements in your jurisdiction.
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