Separation Agreements
If you decide you want to separate from your partner, but you don’t want a divorce or full legal separation. A Separation Agreement could be the right move for you, helping to divide finances, make provisions for child arrangements and establishing how best to live apart independently of one another.
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Our Separation Agreement Solicitors are always available to advise on this complex area of the law.
It is vital you appreciate the terms of the agreement being made, so we will help you understand all options.
We possess a wealth of experience and knowledge to help you consider all the facets and factors if you choose to separate from your partner. We are ideally positioned to best advise you individually on separation.
We can guide you through the entire process and we can draft a Separation Agreement considerate to your needs. We are committed to using clear language as part of our pragmatic approach, ensuring you understand the entire legal framework surrounding your existing relationship, and what your new independent relationship may look like.
At Rowlinsons we always take a solution-focused approach to ensure our clients' best interests are met. Our firm is made up of genuinely good people with considerable expertise, who will work intelligently, sensitively, and supportively to build a strong relationship with you, guiding you through this period of change.
Our depth of specialist training and knowledge guarantees that you should only expect the best advice and support.
Call Rowlinsons Solicitors today if you are thinking about a formal separation and want to discuss your rights and options.
The main aim of a Separation Agreement is to set the arrangements between the separating couple related to money, children, and property.
Some couples choose to take things slow and get a Separation Agreement instead of immediately opting for divorce. Some couples choose to break up, knowing they will remain married indefinitely, some couples can even choose to continue living in the same property once separated.
Like many things, relationships between two people can take many shapes and forms, and therefore a Separation Agreement must be unique and bespoke to your exact needs.
We are dedicated to providing you with the best guidance, while handling all the legal procedures to ensure that everything goes smoothly.
The separation agreement can include the following crucial factors:
The goal of our Separation Agreement Lawyers is always to provide our clients with a clear, practical solution that meets their unique needs and protects their interests.
Separation agreements are often complex documents covering many areas of your life, from personal relationships to finances. Any inaccuracies in the agreement can become issues in the future, so the support of specialists is vital.
It is common for separating couples to work out the general points that should be covered in a Separation agreement before consulting a legal professional, however with advice of our Separation Agreement Solicitors you can benefit from our expertise in dispute resolution, and receive clarity regarding your circumstances at every step. You may also find it is more cost effective to consult a solicitor rather than working out the terms of the agreement internally, as this can be a long and complicated process involving additional parties.
A separation agreement can be entered in different circumstances. It is often used by married couples who do not wish, or are unable, to properly divorce. However, other types of partnerships may be eligible for separation agreements.
Most couples who share significant finances or assets, or have children together, may benefit from a separation agreement that covers every important area of their life.
Separation agreements are not legally binding as a standalone document.
They can be considered contracts between the separating parties, and you may apply to the court which will use the terms of the agreement as the basis to approve financial arrangements or other types of court and consent orders, so it is important that the agreement reflects the wishes and circumstances of both partners.
Separation Agreements are not legally binding, but if the agreement has been reasonably made with mutual understanding and consent, with both parties benefiting from individual legal advice, and with full transparency (on both sides) regarding finances and assets, then the Courts would be generally expected to uphold its terms.
There could be a number of reasons why one party of a separated couple feels the terms of the Separation Agreement are no longer fair or should be contested. The most common reason tends to be where there is a belief that one party was not completely transparent with regards to finances.
If you or your partner wish to dispute the terms of a Separation Agreement, then it is likely that court proceedings will be needed to show why one party feels they should not have to live by the terms of the agreement.
Rowlinsons Solicitors have great experience in helping clients identify and uncover financial assets that one partner may be trying to hide. We work with a range of partners to ensure our clients have access to forensic accountancy services to help unearth undisclosed assets.
Rowlinsons Solicitors is proud to offer Fixed Fee Family Services to many of our clients. This allows you to have full control and visibility over the legal cost of your case, without any hidden fees or surprises. We will be able to advise you on the cost of your separation agreement after a brief consultation with our specialists.
Our consultations can be made both in person or remotely, via phone or video call. Our standard fee for a one-hour consultation is £250 plus VAT, and it will include an analysis of your situation, an exploration of your options, and a clear plan for your next steps.
Our solicitors are widely recognised throughout Cheshire as experts in our field. Our team has significant expertise in helping clients traverse the challenges of separation and all that goes with it.
As experts in Family Law, we always strive to foster amicable non-court settlements for separating couples, providing a foundation for all parties to move forward.
You can always expect the best advice and representation from our people:
The three key areas of focus for a Separation Agreement are property, children, and finances. A Separation Agreement is designed to establish a framework for the newly separated relationship, thus helping avoid any disputes between parties in the future.
When it comes to a property a couple has bought or rented together, the agreement should cover the following aspects:
For the well-being of the children, the agreement should include arrangements for:
It is naturally crucial to carefully consider all the factors concerning your children.
Financial stability is essential, and it can often be overlooked in the process. The agreement should cover:
While the agreement itself is not legally binding, it is common to use its terms as the starting point for a financial settlement, which can be enforced by the court.
By covering these three main aspects, the Separation Agreement ensures that both parties are protected and have a clear understanding of the future.
Separation agreements can apply to many different situations and depending on your relationship and circumstances you will see different benefits. Below are the most common cases in which our Separation Agreement Solicitors have helped couples following a breakdown.
If you are married but have not started divorce proceedings, but still wish to separate, even if you do not wish to divorce at all, a Separation Agreement can serve as a precautionary measure. Our solicitors will help you draft a Separation Agreement to set out the terms of your new relationship, or to be prepared in case you decide to divorce in the future or not.
If you have a Separation Agreement, it can assist you in moving forward with the legal process of divorce or dissolution. Our expert family lawyers can ensure the agreement is drafted carefully and accurately with mutual consent, thus helping to ensure possible future court proceedings consider the terms of the Separation Agreement very closely.
Some separated couples may wish to remain married but live more independently of one another. This could be for family reasons (including cultural or religious reasons), but a Separation Agreement can be of great help in providing a platform on which the new relationship (in its new status) can still flourish for both parties.
For couples who are not married but wish to separate, a Separation Agreement can provide significant benefits in managing finances and assets.
In the eyes of the law, unmarried couples who live together are known as cohabiting couples. The law views cohabiting couples very differently to those joined by marriage or civil partnership.
A valid Separation Agreement often proves highly beneficial to cohabiting couples, especially where the couple have been together for a long time and the lines between assets belonging to each individual have become blurred, or of course when children are involved.
Even when both sides of the relationship amicably consent to the break-up, a Separation Agreement can allow for mutual decisions to be reached, making things fair and removing the potential for disputes.
If you and your partner wish to separate, but also wish to continue living together in the same property, we can help advise on how best to continue to live in the same house but also to preserve separate ‘households’.
For separating couples who choose to continue to live in the same property, the way in which separate households are established and maintained, can carry implications for the future, should the relationship change further in the future, for example, if one partner chooses divorce at a future point.
To be considered legally separated, it is necessary to maintain separate households. To do so, it is advisable to avoid activities such as:
Whatever stage you are at, whether you have already separated or are thinking about separation, Rowlinsons Solicitors are here to help. Our aim is to provide constructive advice to help you achieve the outcome you want by drawing up a separation agreement that protects the interests of you and your family.
By choosing Rowlinsons’ expert family law team, you are assured of having the best legal expertise on hand no matter what the situation. Our expert family law solicitors are committed to providing exceptional levels of client care and we will always work closely and considerately with you. This is highlighted by our awards and accreditations, such as our membership with Resolution.
Our expert Separation Solicitors in Cheshire, with offices Frodsham and Sutton Weaver, regularly help clients with separation throughout North Wales and the Northwest region including St Helens, Widnes, Warrington, Chester, and Northwich. We are able to act for clients right across England and Wales, so talk to our team today.
To find out more about separation agreements, and how they can work for you, please contact us for an initial no obligation call or click here for a call back. We also have meeting facilities in Colwyn Bay for Family Law clients.
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