Separation Agreements
Our separation solicitors in Sheffield understand that when relationships break down you may not always want to get divorced straightaway or if you are cohabiting you may want to formalise your separation.
A separation agreement does not only set out financial responsibilities, it can also include what arrangements have been agreed for you both to spend time with your children.
However, although a separation agreement is persuasive to a court, the agreement is not binding on the court if there have been substantial changes to your circumstances when you finally issue the divorce or dissolution proceedings and ones the court cannot ignore such as change in personal or financial circumstances.
In addition separation agreements cannot make provision for a pension sharing order. So if you are close to pension age, a separation agreement may not be suitable depending on your personal circumstances.
In order for a separation agreement to be persuasive to a court on divorce/dissolution, the agreement must fulfill certain criteria:
- Both parties must have obtained legal advice at the time of preparing the agreement; and
- Both parties must have disclosed to one another a full account of their financial positions (known and full and frank financial disclosure).
- There must have been no duress or undue influence
- The agreement must be fair
If you are not married / in a civil partnership, you can also enter into a separation agreement which sets out your obligations financially to one another or to children of the family.
Our family solicitors are used to negotiating and preparing separation agreements knowing the issues that arise. Contact us to book your free initial appointment (30 minutes) via email by clicking here or call us on 0114 266 6660.
FAQs
Are separation agreements binding on the court?
If you are married/in a civil partnership a separation agreement is persuasive to the court but, the agreement is not binding on the court on future divorce/dissolution and, if there have been for example substantial changes to your circumstances when you finally commence the divorce/dissolution proceedings, a judge can disregard the agreement and make other financial orders. In order for the separation agreement to be persuasive certain criteria must be met and, we can advise on these.
If you are not married then it will be difficult to contest a separation agreement that has been properly prepared and on the terms of which both parties have received legal advice.
Can you share a pension if your marriage/civil partnership breaks down but you do not want to divorce?
Separation agreements cannot make provision for a pension sharing order. So if you are close to pension age, a separation agreement may not be suitable depending on your personal circumstances.
