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If you and your partner or spouse are separating, you can put a separation agreement in place setting out how your assets and liabilities will be shared. This can help give you some certainty over what will happen and help reduce disagreements.
At SMR Solicitors, we can advise you on what to put into a separation agreement and negotiate with your spouse or partner’s legal representative to agree on fair and acceptable terms for your separation. Our solicitors specialising in separation agreements can help you with all aspects of this area of family law, including the following:
- Discussing your situation with you to establish your wishes
- Suggesting terms for a separation agreement
- Negotiating with your spouse or partner’s separation solicitors
- Drafting a separation agreement and advising you on the implications of signing
- Arranging for the separation agreement to be signed
- Advice and representation if your separation agreement is breached
Our family law team works with clients across West Sussex, offering a friendly service tailored to your specific needs. We can work with you in the way that suits you best, including meeting you face-to-face or via video link and communicating by email or phone.
At SMR Solicitors, we offer a free 20-minute consultation with one of our family law experts to discuss your situation.
Speak to our separation agreements solicitors in West Sussex
To discuss your requirements and find out how we can help, please get in touch to speak to one of our expert separation agreement lawyers.
BOGNOR REGIS CHICHESTER EAST WITTERING SELSEY
Our separation agreements solicitors’ fees
At SMR Solicitors, we offer a free 20-minute consultation with one of our family law experts to discuss your situation.
We understand how important it is to have a clear idea of the likely costs at what may be a time of financial uncertainty. To this end, we always make sure our pricing is fair and transparent, and we will provide a realistic estimate of the costs at the outset. We will also let you know what other expenses are anticipated, such as court fees and Land Registry fees.
If you would like to discuss the possible costs involved in putting a separation agreement in place, please feel free to contact us.
Separation agreements explained
What is a separation agreement?
A separation agreement is a written agreement made between two people who are in the process of separating, setting out how financial and other aspects of their joint lives will be dealt with.
It can be used to give you an element of certainty as you move forward and also help avoid disagreements arising as you deal with your separation. Once you have both signed a separation agreement, you will have a roadmap that you can follow, and the scope for misunderstanding will be reduced. It also means that it is less likely that either party will try to change their position later on.
If you are married, a separation agreement can be used while you decide if and when you wish to obtain a divorce. If you do divorce, you can follow the terms of your separation agreement when putting financial arrangements in place, and this is likely to help you finalise the matter more quickly.
What can a separation agreement include?
It is open to you to include whatever you wish in your separation agreement. Points that are commonly addressed include:
- How savings and investments will be shared
- What will happen to your shared home, to include who will live there, who will pay the mortgage and bills, whether it will be sold and how the sale proceeds will be divided
- How debts will be apportioned between you
- How valuable items such as cars and furniture will be shared
- Who will keep any pets you have
- Where any children will live and how long they will spend with each of you
- What will be paid by way of maintenance for the children
How long does it take to get a separation agreement?
A separation agreement can be drawn up relatively quickly once both parties have agreed upon the various issues to be included. The total time taken will depend on the length of time that negotiations take and how quickly an agreement can be reached over the final terms of the document. Once all of the details are settled, we can usually draft the agreement and arrange for it to be approved and signed without delay.
Are separation agreements legally binding?
While a separation agreement is not legally binding, the court will generally follow it, provided certain points were addressed at the time the agreement was made, including the following:
- The parties fully disclosed all of their assets and liabilities to each other
- Both parties took independent legal advice before signing the document
- The agreement is fair, and the parties’ circumstances have not changed substantially since it was signed
Who gets to stay in the house during separation?
If you are married, you do not have to leave the family home when you separate, even if your name is not on the title. Who will leave is a matter for negotiation. If the court is asked to intervene, its priority will be to provide for the needs of any children of the relationship.
Following this, it will consider the needs of both parties, including their income and whether they are able to find alternative accommodation.
The family home is often a couple’s main asset, and dividing it can be difficult. Our family law experts can advise you on your options and suggest possible ways forward. Once you have reached an understanding of what will happen to your shared home, you can put the details of this into a separation agreement.
For more information on our services, see our Family Law page.
Speak to our separation agreements solicitors in West Sussex
To discuss your requirements and find out how we can help, please get in touch to speak to one of our separation agreements lawyers in Chichester, East Wittering, Selsey or Bognor Regis.
