A separation agreement is a document you make when you want to stop living as a couple, explaining the arrangements you want to make for things like finance, children and property. You can use one, whether you`re married or unmarried. If you are married, you can use a separation agreement to agree on the terms of your separation before entering into divorce agreements. If you live together and you are not married, you can also find an agreement like this useful because common law partners are not protected by laws in the same way as married couples. If you and your ex-partner don`t try mediation or it doesn`t work, it`s best to talk to a lawyer if you still can`t accept it. You should also talk to a lawyer if you have an agreement, but it is broken. The partner you are separating from could be your husband, wife or life partner, even if you do not divorce immediately or leave your civil partnership. You must have been married for at least one year before you can divorce or end your partnership. To make your separation agreement legally binding, Graysons legal experts recommend this process: you are both responsible for the cost of child care after separation, even if you are not married or in partnership. Even if you separate amicably, remember that personal and financial circumstances can change – people find new partners and develop different financial requirements – it`s a good idea to avoid the doubts and conflicts below by formalizing separation with an agreement.
It is also unlikely that the court will maintain a clause preventing either party from taking legal action to challenge the agreement. We have another article that might be of interest to what needs to be included in your agreement. Don`t try to reconcile your separation without talking to someone. Not everyone needs it, but they can be especially helpful if you are considering divorce, or you have children and finances to share. A separation agreement can be as formal or informal as you like, but it`s a good idea to have a written record of the things you`ve agreed on. Separation agreements can also speed up divorce proceedings, if you have already adopted these rules in advance – saving your trial costs. If you are on the right track with your ex, an informal or unwritten agreement may work well for you. Unlike couples who are married or who are in partnership with separate partnerships between unmarried couples, this can actually be legally binding. The reason is that the Court does not have the same capacity, particularly with respect to an unmarried couple, to issue financial orders, as is the case for a married couple or a living partner.
We also have a wide selection of articles on divorce and separation that cover legal and emotional issues during separation. For more information on why you might want to use a separation agreement and what they can deal with, click here. To the extent that the agreements were concluded in a transparent and fair manner and each party had the opportunity to obtain independent legal advice at its request, it is very likely that a separation agreement between unmarried couples who have dealt with financial and wealth matters may be contractual and legally binding in the event of further litigation. A separation agreement can often be turned into an approval decision later in the divorce process, leaving your lawyer to establish it properly and applying to court – making it legally binding.