Our separation agreement solicitors in Reading and Henley-on-Thames can help when a couple wishes to separate but does not want to get a divorce.
A Separation Agreement details the arrangements a separating couple agree to regarding money, property and childcare. A Separation Agreement is not legally binding, but if married couples get divorced, or those in a civil partnership formally dissolve that partnership, the court will consider the arrangements they have agreed to if either party later changes their mind.
If you would like more information in respect of the separation or divorce process, please contact our separation agreement solicitors for advice on how we can protect your interests. For a confidential discussion, please contact Richard Rodway in our Henley-on-Thames office or Julia Drury in our Reading office, both of whom will be happy to have a conversation with you about how we can support and find the best route for you.
There are many reasons why a couple may choose to separate.
Regardless of the motivations, a separation can provide a degree of certainty and stability, and a member of our separation agreement solicitors can help draw up a document that can help protect their respective interests. However, it is vital to understand that a Separation Agreement will not be legally binding.
Unlike divorce, separation does not put an end to the marriage or civil partnership, so you cannot remarry/enter into a new civil partnership unless the marriage or civil partnership is formally dissolved by the Courts. In England and Wales, you have to wait until you’ve been married for at least a year to be able to get a divorce/dissolution, whereas you can enter into a Separation Agreement at any time.
It is important to note that a pension can only be shared through an Order setting out the terms of the financial settlement within divorce proceedings and not otherwise.
To be separated in the eyes of the law, you must be ‘maintaining separate households’. The legal interpretation of this is a complex area as couples who continue to live under the same roof can technically lead separate lives if they don’t share a bedroom, cook/eat together etc.
If a couple choose to live apart, they may wish to take some steps to protect their respective interests and formalise matters between them by drawing up a Separation Agreement.
If a couple wish to enter into a Separation Agreement, it can cover a number of issues such as:
Not all couples who separate end up getting divorced or dissolving their civil partnership, but if they do decide to commence proceedings in future, they can invite the Court to make a Financial Order consistent with the terms of the Separation Agreement, although this will need to be drafted in addition to the Separation Agreement.
Whilst a Separation Agreement is not necessarily legally binding, it can be a factor taken into account by the Court if it later has to be relied upon in the event of a dispute arising in divorce proceedings at a later date. It is something that the Court would review when deciding any disputes, and hence it is important to get legal advice when drafting a Separation Agreement to ensure that it will carry the most weight
Where a couple are not married, a Separation Agreement, if entered into properly, would provide a binding contract between them.
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