Solicitors in Essex & London
For various reasons, some couples do not wish to commence divorce or dissolution proceedings immediately following the breakdown of their relationship. However, they may still wish to resolve their financial arrangements, either on a short or long-term basis.
In such circumstances, the parties can enter into a separation agreement as an alternative to commencing divorce or dissolution proceedings. Our expert family solicitors have a wealth of experience regarding separation agreements for couples who wish to avoid the stigma of divorce.
A separation agreement usually provides for a divorce or dissolution at some point in the future and, in the interim, records what the parties have agreed regarding their financial arrangements. The agreement can deal with factors such as the sale of the family home, division of the proceeds and payment of maintenance, or can confirm that the parties agree to a full and final settlement.
The benefits of a separation agreement are that the arrangements provided for are usually adhered to by the parties as they have been reached by agreement; it allows both parties to move on financially without having to commence the divorce or dissolution proceedings.
The limitation of a separation agreement is that no splitting of pensions can be implemented until an order is made in the subsequent divorce or dissolution proceedings.
There is a risk that a separation agreement could be overturned in the subsequent divorce or dissolution proceedings. This is because neither party can be prevented from making an application to the court in the proceedings. However, a fair agreement which has been entered into after both parties have received independent legal advice following full disclosure will in most cases be upheld by the court.
We understand that seeing a solicitor for the first time about any issue relating to the dissolution and breakdown of a marriage can be a difficult and daunting experience. One of our family lawyers will be happy to discuss with you the alternative of a separation agreement in a free 30-minute initial meeting to provide you with some general advice.
Free initial consultations and fixed fee appointments with our family solicitors are available at any one of our offices in Brentwood, Hornchurch and Upminster, and also at our office facilities based in Leigh-On-Sea and Canary Wharf, London.*
*Free appointments are only available at our main offices in Upminster, Brentwood and Hornchurch and are not available in cases where proceedings have been issued.