Separation Agreements

Duncan Lewis Family Law Solicitors - Separation Agreements

A Deed of Separation (or Separation Agreement) is for some couples the best option when they decide to end their marriage but may not wish to Divorce in the near future, if at all.

Separation agreements can also be used when a couple decides to end a Civil Partnership.

A Deed of Separation sets out clearly what they have agreed on regarding the division of property and finances, child contact and residence and maintenance after separation.

Couples who separate can include any agreements they like within a Separation Agreement and the agreement can also be flexible, so that if circumstances change the agreement can be varied.

It is also possible to set an end date for the Deed of Separation. For example, if a couple wishes to delay Divorce until their children have completed full-time education.

Separation Agreements

• Legally a Separation Agreement does not have to be written down but in a situation where a couple ends a relationship and the agreement is disputed, it is often very difficult to prove to a court what was agreed,
• Writing down what was agreed can be binding in court and for that reason a Separation Agreement has to be agreed by both parties, who sign it of their own free will and not under duress (i.e. they feel they are being forced to sign it or have no option).
• It is also crucial that both parties understand the Deed of Separation and its implications if the relationship ends and for this reason it is important to seek expert legal advice from a Divorce Solicitor if you are considering signing a Separation Agreement.

In cases where Divorce proceedings have already commenced before the Deed of Separation has been agreed and signed, it is possible to apply to the court for a consent order, which protects from any future claim arising from the Divorce. A consent order makes the Separation Agreement and the details agreed therein about division of joint assets and maintenance payments legally binding. A judge will decide if a consent order is fair before the court approves it.

Duncan Lewis Divorce solicitors offer expert and detailed legal advice to individuals and couples wishing to draw up a Separation Agreement.

Duncan Lewis also has successful departments specialising in family and children law, property law and litigation, able to advise on the various issues in separation agreements as well as how to ensure a separation agreement best suits your future needs and those of any children.

Duncan Lewis can also advise on dispute resolution and lawyers supported family mediation in cases where the details of a draft Deed of Separation are being contested by one party.

Fixed Fee Separation Agreements

Duncan Lewis solicitors offer an initial fixed fee for cases involving separation agreements to discuss and access your case; however, all other and further work would be dealt with by way of our competitive hourly rates.

Duncan Lewis advises clients considering signing a Separation Agreement to get in touch as soon as possible for an evaluation of their case, so that matters can be worked through thoroughly before the agreement is drawn up and signed. This is especially important if Divorce proceedings are already underway.

Duncan Lewis High Net Worth Divorce Solicitors offer specialist legal advice on Pre and Post Nuptial Agreements, Cohabitation Agreements and Separation Agreements to those individuals with assets in excess of 1 million pounds.

For expert legal advice on Separation Agreements and related family matters, call Duncan Lewis Divorce Solicitors in confidence on 033 3772 0409.