5 Questions on Separation Agreements Answered
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A separation agreement is an effective way to ensure you and your partner are clear about the terms of your separation until you get divorced or end your civil partnership.
The agreement helps people to plan aspects of their lives such as future living arrangements and the division of money. However, people often have questions regarding the process of attaining the agreement.
In this blog, we demystify five of the most frequently asked questions about separation orders.
A separation agreement allows you to separate from your partner without a divorce or ending a civil partnership.
People opt for a separation agreement rather than a divorce for a variety of reasons. For example, people may choose a separation agreement on religious grounds, or if a couple needs time to decide whether or not they wish to end their marriage.
A separation agreement sets out financial agreements such as rent and mortgage payments, bill payments and child or spousal maintenance. It also discloses what will happen to the proceeds of sale if a property or asset is sold.
Separation agreements cost £365.
However, it is important to consider additional costs such as solicitors fees when applying for a separation order.
It is possible to receive financial help if the applicant is on benefits or a low income. We recommend trying to agree as much as possible with your ex-partner before you go to a solicitor and to read as much as you can about separation agreements to keep the fees to a minimum.
For a court to consider upholding a separation agreement as part of divorce proceedings, it must fulfil specific requirements.
This includes the requirement for both parties to take legal advice before entering into the agreement and both parties making a full financial disclosure.
Although a separation agreement is not legally binding, it can be upheld as a contract or challenged in court.
The agreement must be entered into voluntarily and a full and frank financial disclosure must have been completed if a separation order is being relied upon in court.
A judicial separation application form must be completed to attain a separation agreement.
Three copies must be sent to the address on the form, and a copy should be kept by the applicant. A certified copy of the marriage or civil partnership certificate needs to be included with the separation papers.
Dealing with separation can be daunting, it being imperative to have a full picture of your situation before taking legal action.