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Separation Agreement

You may not wish to apply for a divorce or you may not be ready to apply for a divorce. In that case you could have a separation agreement. This is a written agreement between a couple who intend to stop living together. It sets out how they wish to sort out financial arrangements, property and arrangements for the children.

We can draft agreements to reflect your intentions such as:

  • to live separately
  • not to molest, annoy or disturb the other party
  • to provide financial support (maintenance) for the other partner. A separation agreement would normally say that maintenance will stop if the partner starts living together with a different partner. Any agreement not to apply to court in the future for financial support may not be legally binding.
  • to provide financial support (maintenance) for any children of the relationship. Please note your wife/husband could still apply at a later stage to a court or to the Child Support Agency for maintenance.
  • who the children should live and have contact with.

The advantage of a written agreement is that there is clarity on the terms of separation without the trauma of court proceedings.