Divorce Law – Separation Agreement

The main thing to remember about a separation agreement is that it is not a divorce. Confusion may happen if not clear about the differences. A separation agreement is a written document that the husband and wife draw up and agree on prior to divorce proceedings. They tend to be simple to set setup and can clearly outline what is wanted out of the final divorce. A separation agreement confirms that both parties involved have taken legal advice and that the marriage has broken down irretrievably and that a divorce will be planned. Blame must not be pointed at either party throughout the separation agreement.

A separation agreement will include the following financial agreements, children involved and how the planned divorce will happen. This agreement when drawn up is binding for both parties involved until the divorce commences. When the divorce starts the husband and wife can apply for amendments to the separation agreement and get the courts to confirm the terms of the separation agreement.

Child custody is a main area of concern in a separation agreement. For the agreement to work the decision on where the children will live will need to be confirmed. The children’s age may become a factor as they may what to decide which parent they would like to live with. Hours need to be decided for when the children can be visited especially on school holidays, birthdays etc. this then may lead to what income support you may be entitled to. Child security is taken very seriously in separation agreement preparation.

The property that is discussed in the separation agreement can cause issues as this tends to be the area that can cause the greatest problems. It is best for both parties involved decide on what things they want out of the house and then compare and come to compromises on what they get in the event of a clash of property. Once decided on who get what the remainder can be divided down the middle or sold to raise money of which can then be divided fairly.

Not to forget that payments will still need to be made on any existing property e.g. mortgage and also what will happen to the property will also need to be decided.

The main aim of a separation agreement is to make it easier for all parties involved and that all parties still interact with each other throughout. You could call it a softer way of handling the proseeding than from a bitter divorce petition. At the end of the day an undefended divorce will be quicker and smoother than a defended one. Another good this is can be a long or a short in time as you may like which can make it easier for children if any are involved.

The best way to get a separation agreement is to approach a company that is registered with the United Kingdom College of Family Mediators. When a mediator is in place the parties involved can contact their solicitors and begin the process of the separation agreement.