Separation Agreements

Couples who are separating or divorcing can avoid a great deal of animosity by reaching agreement about their responsibilities to each other and to their children with the aid of a mediation service rather than going to court.

The outcome of such discussions is often a voluntary agreement which can be subsequently made into a formal Deed of Separation or separation agreement, thus allowing the couple to lead independent lives. This is particularly useful if there is no immediate wish to divorce or there are no particular grounds for divorce.

The Separation Agreement will usually allow either spouse to file for divorce after 2 years.

If both parties have given full and frank disclosure of their assets before signing then the court has to take this into account should their be any dispute during the divorce, however the court always has jurisdiction to overturn any agreement if it thinks fit in the circumstances of the case, but this is quite rare unless the parties circumstances have changed significantly.

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Main features

The main features of an agreement are:

  • Identification of the parties - the names and addresses of the adults, and the names and dates of birth of the children.
  • Confirmation of legal advice - confirming that that the parties have had independent legal advice in the drawing up of this agreement.
  • Acknowledgement - that the marriage/relationship has irretrievably broken down, but avoiding any statement of blame.
  • A residence plan - the residential arrangements - who will live where (and when).
  • A contact* plan - defining exactly what contact each child will have, and with whom throughout the year. It should also contain arrangements for making up any contact lost by illness or other reasons.
  • An education plan - involving both parents, agreeing that each will receive regular reports about the children's progress and copies of items sent to all parents, and that no objection will be raised to either parent attending school functions.
  • A non-relocation clause - a statement that in the interests of the children, neither adult will move away without the consent of the other, and that the adult who moves away shall bear all the costs of future contact.
  • Details of the financial settlement - details of any maintenance, lump sums and transfer of possessions.
  • Covenants - by each party and agreements that they will support and maintain themselves and maintain the child when the child is living with them.
  • Sundry agreements - covering inheritance etc.

Note: * contact = visitation / access



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Information on this page is current and last updated: 12/03/2008

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