Separation of Married Couples
If your relationship is coming to an end, you may decide as a couple that you do not want to get divorced or dissolve your civil partnership; or you may not be ready to take this step.
In these cases, the arrangements for separation can be recorded in a legal document known as a separation agreement. The agreement can cover any area of separation including arrangements for the division of your money and property and arrangements for your children.
Provided you have received legal advice and the agreement is entered into properly, it can form the basis of an eventual financial settlement, otherwise known as a consent order.
It is vital to get expert legal advice to ensure the agreement is legally binding and enforceable but also to understand what it can and cannot achieve.
A separation agreement can:
- record living arrangements and financial support for children;
- set out the division of finances and property, including the payment of spousal maintenance and the allocation of debts and legal fees;
- form the basis of an agreement, which can be converted into a financial consent order within divorce proceedings.
A separation agreement cannot:
- split a pension (although you could reach an agreement with regard to how pension income is dealt with);
- finally dismiss both parties’ financial claims against the other as a result of your marriage;
Dealing with cases in this way may help to keep legal costs down and can reduce conflict, promoting a good working relationship between both parties.
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