When your marriage is in trouble but you do not wish the finality of a divorce, a separation agreement will allow you to formalise and regulate your finances and assets without the additional stress of the court process.
Each family is unique and there is no one size fits all solution. If you prefer to reach an agreement about finances and other practical matters without involving any court procedures, we would generally draft a separation agreement.
Whilst a separation agreement is legally binding, it cannot exclude the right of a family court to consider whether it should apply, but if there has been proper financial disclosure, informed consent and independent legal advice, then the agreement will usually be upheld in court as long as it is fair and considers children’s needs.
It is vital that a separation agreement is drafted and tailored to ensure it meets the criteria and that it can be made into Order in divorce proceedings.
For more information about separation agreements, please complete our online enquiry service by using our contact form below to receive a bespoke estimate of services.
We aim to advise our clients on costs at the earliest possible opportunity. Please read our information on costs and contact us for more information.