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Married couples who have made the decision to separate do not always wish to apply immediately to the court for a divorce. Their separation may just be on a trial basis, to begin with, or they may not be emotionally ready to seek a divorce. Our separation agreement solicitors at Laker Legal help clients understand their legal rights moving forward with separation.
When the decision has been made to separate, both parties often want a clear understanding and agreement between themselves about precisely what arrangements are to apply in relation to their property, their financial assets, their incomes and their outgoings, and in relation to their children whilst they remain separated. These aspects can be clearly stated by the parties entering into what is called a deed of separation or a divorce separation agreement.
Our solicitors for separation agreements can provide solid advice and guidance through issues including:
- Drafting and signing a separation agreement
- Making arrangements for finances
- Making arrangements for children
- Initiating divorce proceedings
Unmarried couples may also require a separation agreement / deed of separation, dealing with property, financial and child arrangement issues.
No matter your separation circumstances and legal needs, our specialists have assisted clients from all backgrounds and can support you with the utmost sensitivity, ensuring everything is correctly handled in the best possible way.
Our family law team at Laker Legal includes many members of the Family Mediation Accreditation scheme awarded by the Law Society, as well as Resolution. All members of the team receive development opportunities on a continual basis.
Contact our Specialist Separation Agreement Solicitors
If you require separation agreement legal advice, please don’t hesitate to get in touch with our team. Our head office is located in Lancaster, but we also have offices in Bath, Kings Hill, Maidstone Preston and York for your convenience.
Simply complete our online contact form to request a call back. Our separation solicitors can offer advice online via video conferencing, by phone or at one of our offices.
Our Separation Agreements Expertise
Making arrangements for finances
Unfortunately, finances are often one of the most significant concerns during separation and can often lead to disagreements between the involved parties. A solicitor can help to make a separation financial agreement for how your assets will be divided and help to put provisions in place to protect your financial interests.
Our separation solicitors understand the challenges faced when separating and strive to provide a collaborative approach to the division of finances, helping you find a non-contentious route.
We will take the time to fully understand your financial position, ensuring everything is disclosed, along with supporting evidence verifying details of all assets and liabilities. Our team will acknowledge the needs of you and any children, helping to negotiate a suitable financial separation agreement that does not negatively impact you. This is often done through mediation with the assistance of a mediator and sometimes each party’s respective solicitor.
Making arrangements for children
Married couples who have children together are often worried about the next steps in connection to their children when separating, with concern over where children will primarily live, the amount of time each parent will spend with their children and other important aspects such as their upbringing and day-to-day matters.
Our family law solicitors can assist parents in making arrangements between themselves, using effective out-of-court approaches such as private negotiation and mediation. We can also help to determine a parenting plan to help parents make decisions on how their children will be raised during the separation.
Initiating divorce proceedings
If you have had a separation agreement in place but are ready to officially end your marriage or civil partnership through divorce or dissolution, our solicitors can guide you through the proceedings.
Frequently Asked Questions About Separation Agreements
What is a separation agreement?
A separation agreement is used when a married couple wishes to separate but is not ready to legally divorce. The agreement will set out how finances will be divided and make arrangements for children during the separation.
Is a separation agreement legally binding?
Technically speaking, separation agreements are not legally binding documents, but in most circumstances, when efficiently drafted, the court will consider them legally enforceable. They do not oust the jurisdiction of the Court, which means the Court can override them or set them aside.
The court will look for certain factors, such as if both parties sought independent legal advice when the agreement was made, if each party’s financial position remains the same and if both parties accurately disclosed their financial position at the time of the agreement being made. Fairness is also an important factor in ensuring the agreement is upheld, especially in a divorce situation.
How much does a separation agreement cost?
The cost to draft a separation agreement will entirely depend on where you obtained your legal advice from and the level of expertise and support required. Should the circumstances be more challenging, a solicitor is highly likely to charge a higher price.
At Laker Legal Solicitors, we may be able to assist clients in this area on a fixed fee basis from £895 + Vat for the most straightforward situations. However, for more complicated matters, we may charge our services at an hourly rate.
How do you get a separation agreement?
Should you choose to separate from your spouse and wish to set out the terms of the separation in an agreement, seeking the guidance of a lawyer is crucial. They can provide the necessary advice and support you through drafting a beneficial agreement.
At Laker Legal, our legal separation agreement solicitors in Preston, Lancaster, & Maidstone are on hand to assist with all types of agreements. For more information on the support we can offer during your separation, please don’t hesitate to contact a member of the team today.
Can a separation agreement be contested?
If either party is unhappy with the agreed and signed separation agreement, there is often little room to make any amendments unless both parties are in agreement with the proposed changes.
It’s important to understand that the court will often not interfere with separation agreements providing the legally binding conditions listed above are satisfied.
Contact our Specialist Separation Agreement Solicitors
If you require separation agreement legal advice, please don’t hesitate to get in touch with our team. Our head office is located in Lancaster, but we also have offices in Bath, Kings Hill, Maidstone Preston and York for your convenience.
Simply complete our online contact form to request a call back. Our separation solicitors can offer advice online via video conferencing, by phone or face to face at one of our offices.
