Guide to Separation Agreements

Hodge Halsall Solicitors understand that following the breakdown of a marriage or civil partnership, you might not be ready to start divorce or civil dissolution proceedings.  

Our expert team can assist you in preparing a separation agreement so that you can formally record how you wish to arrange your finances until you want to start such proceedings.

Separation agreements are not binding on a future divorce court, however they will provide as much certainty as possible whilst you are taking such steps as you might need in order to prepare for a divorce or civil partnership dissolution.  

A separation agreement can prescribe how you pay the utility bills at a family home, pay the mortgage, arrange child maintenance and sell and distribute other assets.  You could also include provision in such an agreement that you both wish to follow such terms of agreement on a future divorce or civil partnership.  This would not be binding as you would need to provide up to date financial disclosure at the time of a divorce or civil partnership dissolution, and it would also be the final decision of a divorce judge as to whether your financial settlement terms are fair and reasonable.  

For those couples who do not immediately wish to enter into a divorce/civil partnership dissolution, our team can negotiate and prepare a separation agreement on behalf of one party and to do this we would recommend there is full and frank financial disclosure of assets on both sides and that each person obtains their own independent legal advice.  We would be able to offer you a bespoke service where we would carry out this work for you at an hourly rate that would be agreed with you at the start of the case.
For more information about anything mentioned above or how to move forward, please call our family law solicitors who will explain the next steps.

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