A brighter future
You might be separating as the first step towards divorce, ending a cohabiting relationship, or you might just want some time apart to think things over and make a plan. Either way, separation is a big decision that impacts many aspects of your life – from where you live, to finances and parenting arrangements.
We know from personal experience that when you’re in the midst of all the emotions of separation it can feel like a very dark and lonely place. So let our team of family law experts help you see the light at the end of the tunnel.
Has your cohabiting relationship ended? Are you a married couple who aren’t ready to divorce yet or think there’s a chance of reconciliation? The next step is to draft a Separation Agreement which outlines the terms of your breakup (such as future finances and child arrangements). We can help you create this contract together, with minimal conflict and upset – because our team specialise in cooperation and mutual agreement, rather than court intervention. A Separation Agreement isn’t legally binding, but in most cases the court will consider this document enforceable (if, for example, you decide to divorce further down the line) as long as it meets certain conditions.
Frequently asked questions
If you’re living together, but not married, a Separation Agreement can protect your interests if the relationship ends. It’s a contract that helps draw legal boundaries around the interests and obligations of each person. Commonly it outlines:
- Who keeps the home/remains on the lease or how sale proceeds are shared
- How shared possessions and savings are divided
- Who is responsible for debts and bills
- What arrangements are needed for pets or shared responsibilities
- What financial support or arrangements will continue for the children.
Without a Separation Agreement, you might not have a legal claim to property, savings, or possessions – even after years of living together! Unfortunately, the idea of a Common Law Marriage is not recognised in the courts of England and Wales.
Legally, you don’t have to use a solicitor. But we recommend using some form of professional legal help to ensure the terms of the agreement are clear, fair, and enforceable, nothing important is left out, and you both understand your rights and obligations.
As Professional McKenzie Friends and Paralegal specialists, Bath Family Law can help you prepare an agreement that is comprehensive enough to tick all the legal boxes (ensuring it is airtight both now and into the future), but at significantly lower cost than a solicitor.
A Separation Agreement is a type of contract and can be upheld provided both parties entered into it voluntarily, disclosed all finances, and signed the contract with witnesses. Whilst it’s not a Court Order, and is therefore not enforceable in the same way, it can still carry significant legal weight and be enforced through various civil means if drafted properly.
Depending on your circumstances, there are many additional legal documents that can be drafted to increase the enforceability of the Separation Agreement. For example, to be officially recognised, agreements surrounding property can be registered as a Declaration of Trust with the Land Registry. Bath Family Law can help you identify what’s best based on your individual needs – so you can achieve a Separation Agreement that is both mutually agreeable and advantageous for both parties.
Absolutely, and many do! In legal terms, an agreement like this is called a Nuptial Agreement. They are commonly referred to as a Prenup or Postnup, and they are increasingly recognised in Family Courts during divorce proceedings to help create the terms of a Final Order – causing them to be a growingly popular choice for engaged and married couples.
When drafting a Nuptial Agreement, it’s important to focus on the following four key requirements to avoid it being successfully challenged at a later date:
- Both parties must receive legal advice
- A full and comprehensive financial disclosure process must be undertaken
- The agreement must be entered into freely and without duress
- The agreement must meet the needs of everyone involved.
Yes, we can create Cohabitation Agreements for couples who have separated but both still reside in the family home. Or couples who have no present intention to separate, but want to place legal boundaries around their responsibilities and interests.
