If separating spouses or civil partners decide not to apply for a divorce, or do not have grounds to issue Divorce Proceedings, you may wish to enter into a Separation Agreement regulating financial matters with your ex spouse or partner.
A Separation Agreement cannot bind a Court in future Divorce Proceedings and, within Divorce Proceedings, the Court still have the power to make financial orders and revisit the terms of the Separation Agreement.
However, the Court is unlikely to overturn a Separation Agreement if that Agreement is:-
- Properly prepared and executed as a Deed
- Both parties were given the opportunity of obtaining independent legal advice.
- Both parties entered into the Agreement freely
- Both parties disclosed to each other a full and honest picture of their financial circumstances and any other relevant matters.
If you subsequently obtain a Divorce, then it would be wise to incorporate the terms of the Separation Agreement into a Consent Order within the Divorce Proceedings, to avoid any future uncertainty.
Our experienced family team can assist you in negotiating the terms of a Separation Agreement and, once an agreement has been reached, in drafting and executing the Agreement. Please contact us on 0115 9888 777.