Family Law Services
Separation Agreements
Our expert team of Separation Solicitors are here to help you create a Separation Agreement tailored to suit you.
What is a Separation Agreement?
Family Law Services
A Separation Agreement is a written agreement entered into by a couple who wishes to stop living together, setting out what they intend to happen to their money, property and other practical issues consequent to their separation. Separation Agreements are usually entered into by parties who are separating but do not want to divorce or dissolve their Civil Partnership at that time, perhaps for religious or practical reasons.
Separation Agreements are contractual agreements between separating parties dealing with:
- The agreement to live apart
- The obligations to maintain one another and any children of the family
- The distribution of the assets
- The arrangements for the children of the family
- Debt indemnity
A Separation Agreement is a bespoke document drawn up for the two of you for your particular circumstances, so it can cover almost anything you want it to. It can be negotiated using Mediation, Collaborative Law or otherwise by using family law solicitors to talk to each other on your instructions. We will find the process most suitable for you.
For more information, please call us for a no-obligation chat; it will not cost you a penny to find out how we can help. We will arrange an early meeting, or we can talk through your options and give you a clear idea of the timeframes and costs.
The primary purpose of a separation agreement is to provide a written record of the mutually agreed-upon terms and conditions between the separating couple. It helps to ensure that both parties have a clear understanding of their rights and responsibilities during the separation period, especially when a divorce is not taking place.
The main difference between a separation and divorce is that a separation agreement leaves the marriage legally intact, while a divorce is a permanent end to a marriage.
Separation agreements are not legally binding. However, as it is a contractual agreement, it does carry weight if you end up in proceedings. However, as it is a contractual agreement, it can be used to guide a court process on financial and legal divorces.
Factsheets
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Separation Agreement Factsheet
Your Family Law Experts
Get to know those who are here to help you
Jennie Apsey
Solicitor, Family Department
Areas of Specialism
Jennie is a Solicitor in the Family team, who advises in relation to Children Act litigation (private law), Financial Remedies on divorce, cohabitation agreements and disputes, and protection from domestic abuse/injunctive relief.
- Child arrangements orders
- Children – specific issue and prohibited steps orders - temporary or permanent removal from the jurisdiction, enforcement
- Financial remedies on divorce / dissolution of civil partnership - pension sharing, litigation and financial conduct
- Pre and Post-nuptial agreements
- Separation and cohabitation agreements
- Domestic violence injunctions
Recent Client Matters
- Jennie regularly represents parents in private children law proceedings where mental health issues, substance misuse, and allegations of domestic abuse are a feature.
- Jennie has recently successfully defended a Specific Issue application by a mother to remove a child from the jurisdiction and secured a Port Alert Order. She has also acted for the Applicant in a Specific Issue application to permanently remove children from the jurisdiction.
- Jennie has experience of acting for parents in Children Act proceedings that include Fact-Finding hearings.
- Jennie has experience of acting for clients in both long and short marriages and recently acted for the Applicant Husband in Financial Remedy proceedings following a very short marriage of 7 months’ duration where all the assets were in the wife’s name including the Family Home. A very successful outcome was secured for the client which enabled him to rehouse and settle significant liabilities.
- Jennie is often instructed to prepare Financial Consent Orders following agreements reached between parties directly, in mediation, or as a result of solicitor-led negotiation.
Qualifications, Membership
- Solicitor (PGDL)
Qualifications, Membership
Legal 500 “Star in the making”
Julian Hunt
Partner, Family Department
Areas of Specialism
Julian is a highly experienced family practitioner who heads up the Family Department. Julian is a trained Collaborative lawyer and Mediator. Julian is Top Ranked in the Chambers Legal Directory with testimonials including “a really good lawyer, experienced, calm and can fight his client’s corner with flair and creativity without making the dispute intractable.”
Julian’s focus is on resolving, not creating conflict, encouraging negotiation, and finding solutions. Julian is adept at bringing a calm, focused and if necessary, robust approach to contentious and complex financial situations. Julian will bring empathy and solutions to child related matters. Julian will strive to find the approach which will best benefit the individual and to prepare them for life after separation.
Julian’s specialties :
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advising on high net worth and complex separations, involving businesses, Trusts, and pension issues
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dealing with cases using the Collaborative model
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resolving childcare disputes
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advising on pre and post nuptial agreements
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advising on cohabitation disputes
Recent Client Matters
- Acted for a Wife in Financial Remedy proceedings overcoming Husband’s refusal to provide full financial disclosure and comply with the Court timetable. Secured Penal Notices and multiple Cost Orders against the Husband and an excellent outcome for the Wife.
- Acted for a Wife in Financial Remedy proceedings that involved 5 hearings including obtaining a Legal Services Order. Secured significant lump sum for housing, repayment of debts and spousal periodical payments throughout the child’s minority.
- Acting for a Husband following a long marriage where Wife has issued Financial Remedy application. Included instruction of a single joint expert to value a company in which both parties are shareholders, a dispute in relation to matrimonial and non-matrimonial assets and the treatment of foreign assets. Successfully resolving matters outside of the Court process.
Qualifications
- Solicitor BA (Hons)
- Member of Resolution
- Founding member of Brightpod ( Collaborative Group) & Sussex Family Solutions (inter-disciplinary network of family professionals)
Recognition
Chambers ranked No 1 in Family/Matrimonial - “extremely experienced, sensible and really resolution-focused.” ‘Julian is one of the toughest negotiators but one of the most charming men you will ever meet.’
Legal 500 Ranked – “an experienced practitioner who is well known and respected by opponents and the judiciary.” “straight talking, trustworthy and well respected locally.”
Sarah Phillips
Partner, Family Department
Areas of Specialism
Sarah is a Partner in the Family team, who specialises in complex Children Act litigation (private law), Financial Remedies on divorce, cohabitation agreements and disputes, and protection from domestic abuse.
- Child arrangements orders – living and spending time arrangements
- Children – specific issue and prohibited steps orders - vaccination, education, name change, temporary and permanent removal from the jurisdiction, enforcement, parental alienation
- Children – contact to grandparents
- Financial remedies on divorce / dissolution of civil partnership - business and trust assets, pension sharing, litigation and financial conduct
- Pre and Post-nuptial agreements
- Separation and cohabitation agreements
- Domestic violence injunctions
Recent Client Matters
- Sarah regularly represents parents in private law proceedings where mental health issues, substance misuse, and allegations of coercive control, narcissism and parental alienation are a central feature.
- Sarah negotiated a financial settlement in which the client received an 80% share of the equity in the family home, and maintenance for five years to provide the client with time to attain financial independence without undue hardship.
- Sarah recently represented a father at a Fact Finding hearing in which findings were made against him, but following engagement in a DVPP, parenting courses and therapy, the father was able to secure an order for shared care of the parties’ two children.
- Sarah regularly settles financial remedy cases by way of advice during mediation, voluntary disclosure and solicitor-led negotiations, avoiding the cost and stress of contested proceedings for her clients.
Qualifications, Membership
- Solicitor (PGDL) City University
- Resolution Accredited Specialist Family Lawyer – Complex Financial Remedies
- Resolution Accredited Specialist Family Lawyer – Children Law Private
- Resolution qualified Collaborative Lawyer
- Member of Resolution
- Chambers - Legal 500