A separation agreement describes the terms of your divorce or separation plan. When the law is created, these agreements define a number of detailed agreements between two parties, including childcare, child care, the heritage department and the monetary department. Once you have signed a separation agreement, it is very difficult for both to reverse it or make changes later, unless you agree on the changes. It is unlikely that the court will intervene in the terms of this type of agreement. If you separate from your spouse, it may seem simple and consensual at the time, but your circumstances may change. A separation agreement is the best way to ensure that you meet the conditions described. You can also use a separation agreement if you are unable to divorce or break up with your life partnership – perhaps because you have spent less than a year in England or Wales or less than two years together in Northern Ireland – but you want to decide who pays what. If you want to leave your marriage or life partnership, divorce/dissolution may appear as the only option. However, a separation agreement may offer a less durable solution that will allow you and your spouse/civil partner to live separately while remaining married.
This gives you time and space to decide if a divorce/dissolution is what you really want. Mediation is confidential and any communication with a mediator is not allowed in the absence of an agreement and in the event of further legal proceedings. If you have already decided what should be included in your separation agreement, ask independent family law experts to review them and turn them into a legal document. You cannot use the same lawyer because it means that the agreement cannot be considered in court as part of your divorce/dissolution. Technically, separation agreements are legally inapplicable. It can be turned into a court proceeding by petition to the court. This will ensure that all agreed conditions can be implemented legally, provided they are covered by appropriate legislation. Information on the establishment of a separation agreement for a rule of law can be found on the Courts Service website.
A separation agreement regulates agreements between you and your partner in the difficult period between separation and divorce. For some couples, this period may be relatively short, but in other situations it could be a long time if there is no desire to divorce or if it is not yet possible to divorce. It can also be used by unmarried couples. You do not need a lawyer to enter into a separation agreement. But it`s a good idea to get your own legal advice before signing one. For example, a lawyer can help you understand your rights and obligations to your children and your partner, as well as the rules your agreement must follow to make them legal. Separation agreements affect the whole of life: where you live, how your children live, what assets you keep and whether or not you receive help for children or spouses. Ensuring that you fully understand what you earn and what you can give up will prevent future friction between you and your ex-partner. If you can`t agree on the terms of a separation agreement, this may not be the best option for you.
However, before going through a divorce/dissolution procedure, you should try to find mediation, as this can help you reach an agreement on your finances, property and children.