For many married couples who separate it is usual for there to be a period of trial separation to enable the couple to consider the future of the marriage and what the next steps should be. This decision may include living apart which may create interim concerns relating to the parties’ children or financial matters.
If a separating couple do reach an agreement this can be enshrined in a separation agreement which can be drawn up by a family law or divorce solicitor. A separation agreement can be utilised if a separated couple decide they do not want to get divorced. However, if divorce is anticipated in the future the agreement provides evidence of what was agreed at the time of separation. The benefit of a separation agreement is that it allows parties to reach interim arrangements and deal with any practical issues.
Whilst the separation agreement is a binding legal document it can be varied by the court in any divorce proceedings if it is considered that the agreement does not produce a satisfactory settlement. The court will review a separation agreement when considering what an appropriate financial settlement is in the context of divorce proceedings. Within divorce proceedings a separation agreement can be used to form the basis of a court order. Parties can ask the court to make an order in the terms of a separation agreement.
A separation agreement is a useful way to record how interim issues can be dealt with prior to a divorce. It is important for both parties to seek independent legal advice as to the content of the agreement as this will increase the likelihood of the agreement being upheld by the court if there are divorce proceedings. Legal advice should be sought from a specialist family law solicitor to determine what the most appropriate next step is following a separation.
For some information about separation
agreements, divorce or other family law matters please contact
Tricia Cottrell.
Hill Dickinson has a wealth of experience in dealing with the full
range of family law issues. If you have any queries relating to the
above, or any other legal matter, please do not hesitate to
contact us for
advice.
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