Separation agreements
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By creating a separation agreement, you and your ex-partner can part ways and divide your finances, assets, and child living arrangements without going through a divorce or dissolution. It’s a viable option for couples who are not yet ready to divorce or who are against divorce for personal reasons.
At Gepp, we can support you in negotiating and drafting a separation agreement with your partner during what can be a confusing and testing time. We always take a sensitive approach, helping you to create an agreement that matches your intentions and needs.
We can help you with a wide range of matters, including:
- Assistance with legal separation processes
- Drafting a separation agreement
- Separation agreement disputes
Consult our separation agreement solicitors in Essex
For swift, expert advice on separation agreements, please contact your local Gepp Solicitors office in Chelmsford.
Have a quick question or want to request a call back? Use our simple online enquiry form.
How our solicitors can help you
Legal separation
Obtaining a legal separation means separating from your partner without having to dissolve your civil partnership or get divorced.
When you are going through a separation, it is advisable to seek independent advice from a solicitor. We can offer you advice as you approach the process, ensuring that you understand your legal position, your duties, and how to protect your interests.
We can help you to decide on various matters, for instance, whether you would like to apply for a joint legal separation or if you would like to apply as a sole applicant. Our solicitors appreciate that the process can be confusing and are on hand to answer any questions you may have.
Drafting your separation agreement
If you are separating from your partner, our expert lawyers can support you in drafting a separation agreement and negotiating the terms between you and your ex-partner.
Drawing up an agreement can help you to avoid disputes with your ex-partner, be these disputes about finances, children you may have, or where each of you will live.
We will work with you to determine any concerns you have about the separation and educate you on how you can safeguard your interests. No matter what your situation, we can support you during this difficult time.
Separation agreement disputes
When you and your partner are separating, you may not agree on how matters should be handled. If you are having any disputes regarding your separation or the terms of your agreement, we can help you in resolving these.
Our solicitors can assist you with alternative dispute resolution processes, helping you to discuss the terms of your separation, and come to mutually acceptable conclusions. Where there are ongoing disputes and mediation fails, we can assist you with Court proceedings.
Separation agreements FAQs
What is a separation agreement?
A separation agreement determines how you and your separating partner will split your obligations and finances when you are going through a separation. These agreements are commonly used when a couple would like to separate but are undecided about getting divorced.
A separation agreement covers things such as property, savings, mortgage, and other financial responsibilities and debts.
How does a separation agreement work?
A separation agreement, otherwise known as a deed of separation, is used to help you and your partner to divide your finances and determine your obligations when you are separating.
A separation agreement works on the basis that both parties are honest about their finances and provide full financial disclosure. Both partners should declare their savings, property, debts, and investments.
Where both parties have not properly disclosed their finances, it will not be possible to use the separation agreement as intended.
What should be included in a separation agreement?
Separation agreements can cover many different issues. Usually, these documents tend to include the following:
- How you and your ex-partner will separate any debts, you have
- The amount that you and your ex-spouse will put towards rent, mortgage, or bills
- How any savings or joint bank accounts will be separated
- Dividing the money from your house if you are selling a joint property
- If you have children, where they will live
- If there will be child maintenance payments
- Dividing personal possessions
When should a separation agreement be used?
There are various scenarios where you might use a separation agreement, including:
- You are ending a civil partnership or getting a divorce
- You will no longer be living with your partner, but the decision may not be permanent, and you do not want to get divorced yet
- You and your partner are separating permanently; however, you would prefer to stay legally married
These agreements should be used by separating couples who wish to establish how their affairs will be arranged, including living arrangements, money, assets and childcare.
Is a separation agreement legally binding?
No, a separation agreement is not technically legally binding, it’s not a Court order, and it is not necessary to go to Court to create this agreement.
Regardless, it is a contract, so can be considered in Court proceedings. What’s more, if your agreement is created by a solicitor, then it can serve as a formal legal document. If the couple gets divorced later on, it is an option to have the deed of separation turned into a Consent Order.
Should I get divorced or use a separation agreement?
Getting divorced or separating is a personal choice for the couple. If there is a significant level of uncertainty about the divorce, a separation may be a preferred option. Separating allows you to live apart, though you will still be married. Some couples choose this option to maintain specific legal and financial benefits.
It is also common to use a separation agreement before later entering into a more formal divorce process.
If you would like bespoke advice on which option might be right for you, get in touch with our separation agreement solicitors.
Do I need a solicitor to draw up a deed of separation?
You can attempt to draw up a separation agreement yourself. However, for the agreement to have any legal weight in Court, both parties must have received independent legal advice.
It is recommended that you have a solicitor help you in negotiating the terms of the agreement. Your lawyer can help you to ensure that you both understand the terms and ensure that the document is witnessed and signed correctly.
Our separation agreement solicitors’ fees
Fixed fee for separation agreement advice
At Gepp, we can provide separation agreement advice on a fixed fee basis, so you will know exactly how much it will cost to draft your agreement.
Hourly rates for our solicitors
For more slightly complex matters where ongoing separation support is required, we will charge an agreed hourly rate based on the level of expertise needed.
Consult our separation agreement solicitors in Essex
For swift, expert advice on separation agreements, please contact your local Gepp Solicitors office in Chelmsford.
Have a quick question or want to request a call back? Use our simple online enquiry form.
Call us
Main number: 01245 228106
Email us
Main email: family@gepp.co.uk
With Gepp Solicitors you’ll be in experienced hands. We’ll work hard to get the best possible outcome for you and your family.
With Gepp Solicitors you’ll be in experienced hands. We’ll work hard to get the best possible outcome for you and your family.
Our Family Law experts
|
Alison Gosling Paralegal |
|
Farhad Islam Partner |
|
Stuart Tyler Solicitor |
|
Elizabeth Davies Paralegal Assistant |
|
Jenny Powell Legal Assistant |
|
Alison Gosling Paralegal |
|
Elizabeth Davies Trainee Solicitor |
|
Farhad Islam Partner |
|
Jenny Powell Legal Assistant |
|
Stuart Tyler Solicitor |
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