Separation Agreement Solicitors

What is a Separation Agreement?

A separation agreement is a document that details how you and your partner will divide and manage assets when you live apart. This will include finances (and any debts) and property, as well as specifying where children will live and when.

Both married and those in a civil partnership, as well as unmarried couples can set up a separation agreement, but there can be differing legal rules depending on your situation. Our separation agreement solicitors will be able to advise you on the process depending on your circumstances.

Married or in a Civil Partnership?

For those that are married or in a civil partnership and are thinking of separating, you don’t need to go through divorce or dissolution right away. While it can understandably be a difficult time, separation can give you the time to decide what’s right for you and your family.

A separation agreement can be used as a step in between, which allows you to reflect on the relationship and have time away from each other.

If, later, you decide to divorce or dissolve your civil partnership, a separation agreement can form the basis for a future application by consent to the court for an order in similar terms thereby saving expense and heartache.

What if I’m Cohabiting?

Some people think that even if they’ve lived with their partners, unmarried, for years, they’re entitled to the same rights, but this isn’t currently the case – this notion is known as ‘common law marriage’. For those who cohabit and live in England and Wales, there are no automatic at present; for example, you wouldn’t automatically receive your partner’s assets if they passed away without a Will or be entitled to a share of their pension.

This is why a separation agreement is worth considering, even if you’re cohabiting. Disputes can be solved more smoothly than without one, which could require claiming under the Trusts of Land and Appointment of Trustees Act (1996). This can be complex and make an already stressful situation even more so.

Separation Agreements and Children

If you have children, they will no doubt be a priority for you, and taking away stress that a separation can cause is important. There are several ways our solicitors can help make sure your child’s needs are met incorporating detailed arrangements for the children in terms of where and when they live with and spend time with each parent. The arrangements can be formalised if required by seeking a court order by consent approving the arrangements:

• Child Arrangements Order – this is an order that details how your child will spend their time, as well as who they’ll live with. If you and your partner can come to a decision together, this can be put into the separation agreement, and there would be no need for court intervention.
• Separately child maintenance arrangements can be included and with proper drafting will be viewed as a qualifying maintenance agreement by Child Maintenance Services.

Our separation agreement solicitors can support you and your family throughout the entire process to ensure it runs as smoothly as possible.

Our Process

Due to the difference in relationships and circumstances, we’ll tailor our approach to your unique needs. However, setting up a separation agreement follows a similar pattern:

Step 1: An initial consultation with us – once you’ve instructed us as your solicitors, we’ll have an initial conversation with you and learn all the relevant details. We will provide you with a clear indication of our fees at your first appointment and confirm that indication in writing shortly afterwards.

Step 2: Speaking about your finances – you and your partner will need to be transparent about your finances. This will include telling us about any debts, savings, income and even liabilities. It’s important that these details are honest because it enables us to help you create a fair agreement.

Step 3: Discussing terms of your agreement – we’ll help you negotiate terms with your partner and their solicitor, so we can come up with a suitable agreement that reflects both of your circumstances.

Step 4: Drafting – after you and your partner have agreed on the terms of your agreement, we’ll draft the document up. We’re experienced in writing documents so that they’re clear, concise and comply with legal requirements.

Step 5: Reviewing the agreement – you and your partner will review the drafted agreement, and your solicitor will ensure that you understand what you’re signing and make sure that you’re entering it freely.

Step 6: Signing your agreement – at this stage, if you’re happy with the agreement, you’ll both sign, with a witness. You’ll be provided with a copy of the agreement to keep.

Why Choose Farleys

Our separation agreement solicitors have over 200 years of collective experience, meaning we can provide you with strong expertise from start to finish. We can help you navigate your case from beginning to end, and we’ll be on hand to offer support even once your case is over.

Many of our family solicitors are members of Resolution, which is an organisation that’s committed to finding non-confrontational solutions for disputes within the family. No matter your situation, whether you’re married, in a civil partnership or cohabiting, we’ll support your separation agreement case with compassion and expertise, tailoring our approach and aiming for the most suitable resolution, not just a legal win.

Our advice and fees are always transparent, so that you’re not surprised by any hidden costs or left wondering how your case is moving. We’ll keep you up to date the entire time, especially if there are any changes in time frames.

National Scale, Proven Expertise

Farleys is part of Lawfront, a national group of regional law firms. Together, our family law teams total over 100 specialists and hold eight Legal 500 rankings nationally, including three Tier 1.