At Broadbents Solicitors, we appreciate that a time of separation can be extremely tumultuous for everyone involved. Whether the separation is both amicable and mutual, or if there are underlying tensions as this is not the case, it can be a trying time for any family. If you are considering divorce, or are hoping that some time apart will aid you in re-evaluating the marriage and your future, a separation agreement may be a necessary legal step to ensure that both you and your family stay protected.
What Is a Separation Agreement?
A separation agreement is a legal procedure that is undertaken in the event of a temporary or permanent separation. It will often cover spousal separation matters such as child care, finances, and property rights. Its aim is to protect both spouses during the separation and in the lead up to the potential divorce, and ensures that all agreed upon terms are followed through. Informal agreements do exist, however, they may not be enforceable. Accessing the help of a solicitor and the approval of a judge is the safest and fairest way to carry out the agreement.
Do I Need a Separation Agreement?
There are a number of situations that may lead to a separation agreement being necessary. If the marriage has ended, and a divorce being planned for, you may be waiting years before the process is finalised. A separation agreement ensures that, in the years leading up to a divorce, all terms are met from both parties including child support and visitation rights. This gives assurance, for both spouses, that agreed upon terms cannot be revoked. If neither spouse is sure that a divorce will occur, but are undergoing a potentially temporary separation, a separation agreement is also strongly advised as it once again protects assets and children and will mitigate risk of unwarranted tension during the separation.
A self-drafted agreement is an option. However, please be aware of the potential risks involved in this. Not only can it be revoked, but if a dispute arises at some point, a lawyer will often be able to easily contest the agreement in favour of their client and have it voided. Requesting the help of a solicitor in the drafting and signing of a separation agreement is the best way to ensure the safety of the agreement, and to make sure that it is upheld.
If you are considering a separation, please do call Broadbents Solicitors for comprehensive and friendly advice. Our specialist team are able to help you with many aspects of family law. Our main Alfreton office is available for contact on 01773 832511.