A couple may decide to separate but not immediately feel the need to get a divorce. This does not mean, however that they should not take legal advice and put their separation on a legal footing. Not doing so can lead to quarrels over household bills, possessions, how best to deal with joint assets and the best arrangements for any children involved.
Whilst a couple may part as ‘friends’ initially and feel that they can trust each other, doubts and problems can arise as time passes, circumstances change or new partners come into their lives. This is why it’s important to speak to expert separation agreement solicitors if you’re thinking of separating with your spouse.
Learn more about The Legal Implications of Marriage here.
What is a separation agreement?
A separation agreement, also known as a Deed of Separation, records who is to have what and what the parties’ responsibilities are. The purpose of the deed is for both parties to come to an agreement on how they would like their assets dealt with in any future divorce proceedings and could therefore avoid the cost and inconvenience of court proceedings at a later stage.
Before preparing a separation agreement, each party must produce full and frank financial disclosure, with documentary evidence of their assets and liabilities. This information is exchanged and a discussion takes place between the separation agreement solicitors of both parties so that an explicit separation agreement can be drawn up.
A couple may be able to agree the division of assets between themselves and ask a separation lawyer to write up the agreement by preparing the Deed of Separation.
If the couple are not able to agree they may each appoint a family law solicitor to advise them.
Is a separation agreement legally binding?
Although not an official court order a properly drawn up separation agreement, where full disclosure has taken place, is likely to be considered by any court asked to rule on its validity.
To increase the likelihood that a court would enforce a separation agreement it is essential that both parties have independent legal advice from expert separation agreement solicitors on the terms of the agreement.
Many couples choose to prepare a separation agreement with a view to this being made formal on divorce, in the form of a consent order.
How much does a separation agreement cost?
In the UK, the cost of a separation agreement can vary depending on the complexity of the situation and whether both parties agree on the terms. If the couple is in agreement, they may only need one solicitor to draft the agreement, the separation agreement cost typically ranges from £1,000 to £2,000 plus VAT. However, if the case involves disputes, negotiations, or more complex financial and childcare arrangements, fees may be more.
Woolley & Co, Solicitors offers fixed-fee packages which can be a more affordable option. There are also DIY and online options available, which can reduce the separation agreement cost, but these might not carry the same legal weight or protection.
Drawing up a separation agreement
The separation agreement includes such information as age, employment and accommodation. A draft agreement will be prepared and once you are happy with the agreement the draft will be sent to the other side’s solicitors with copies of bank statements, valuations and accounts etc. The documentation includes details about you and your partner, where you intend to live, how you intend to split your monies and who will have control of the sale of any property. It may also dictate who will pay for what and information relating to the arrangements for the children, if any.
The timescale for finalising financial affairs when the couple finally divorce can be significantly reduced when a separation agreement has previously been drawn up.
Woolley & Co’s separation agreement solicitors can help in drawing up an agreement and provide legal advice on the terms of such agreements.
What key issues should a separation agreement cover?
A UK separation agreement, often referred to as a Deed of Separation, should comprehensively outline how a separating couple intends to deal with finances, property, and children, essentially mirroring the issues addressed in a final financial order during divorce. Key issues include the division of marital assets such as the matrimonial home (who lives there or how it will be sold), savings, investments, and crucially, pensions, which are often one of the largest assets. It must also specify the handling of debts (mortgages, loans, credit cards), detail any provision for spousal maintenance, and lay out the agreed-upon arrangements for any children, covering residence, contact schedules, and child maintenance payments. To give the agreement the best chance of being upheld by a court later, both parties must provide full and frank financial disclosure and seek independent legal advice.
How long does it take to finalise a separation agreement?
The time it takes to finalise the separation agreement itself is highly variable and depends entirely on the separating couple’s ability to cooperate and agree on terms. If both parties are amicable and use mediation or negotiation efficiently, the agreement can be drafted and signed by solicitors within a few weeks to a couple of months. However, the agreement is only formally made legally binding by being converted into a Consent Order and approved by a judge during divorce proceedings. Under the current UK ‘no-fault’ divorce system, there is a mandatory minimum 20-week waiting period between the start of the divorce application and applying for the Conditional Order, and a further minimum of six weeks and one day before the final order. Therefore, while the agreement can be signed privately much sooner, the earliest it can receive full legal enforceability via a consent order is approximately six months from the start of the divorce application.
Can a separation agreement be changed or modified later on?
Yes, a separation agreement can be changed or modified, particularly if it has not been converted into a legally binding consent order by the court. Even a signed agreement is ultimately subject to the court’s scrutiny during the divorce process, as a judge has the final duty to ensure the financial arrangements are fair to both parties and meet the needs of any children. A court may choose to modify or disregard a separation agreement if circumstances have materially changed since it was signed (e.g., one party has become unemployed or inherited a large sum), if there was poor financial disclosure, or if one party entered the agreement under duress or without receiving independent legal advice. However, if the agreement was fair when made and converted promptly into a consent order, it is generally difficult to challenge and provides a high degree of finality.
Our separation solicitors in the UK are here for you
At Woolley & Co, Solicitors, we know what a challenging time going through a legal separation can be. Our team are here to guide you and make the process of getting a separation agreement as simple and stress-free as possible while making sure you get the best outcome for yourself and your loved ones.
For a solicitors advice on separation, contact our separation agreement lawyers for a free 30-minute consultation. You can call 0800 321 3832, or complete our online form.
