Separation Agreements in the UK

Separation Agreement

As the very name indicates, a separation agreement is a formal contract or agreement entered into by married couples who are contemplating a separation or a divorce. Under ideal conditions, the agreement is formulated in the pre-divorce days. Trying to reach an understanding about the separation of finances and child custodial issues before filing the divorce papers is important. It gives the marital partners sufficient time to negotiate and reach comparatively fair and amicable settlements.

The separation agreement is a written contract and it deals with issues such as:

• Child support money. The amount and the intervals at which they would be paid are clearly specified.
• The visitation schedule is charted out and entered into the agreement, taking into consideration the conveniences of the children.
• Alimony amount is properly calculated after consulting an accountant
• Decisions are taken about the marital home.
• Other vital issues pertaining to pension amounts, debts, valuable paintings at home, cars, furniture, etc are settled between the spouses.

Separation agreements turn valid after either partner signs it. But it is always advisable to consult a solicitor before signing; for, a solicitor helps in understanding the long term implications of a decision reached.

However, consulting a solicitor or not is left to individual opinion. Couples can negotiate settlements of their own and if they fail to reach an agreement they can take the matter to court, though it is highly unadvisable to do so.

Why do People Get Separation Agreements?

• The separation agreement that deals with division of property and child alimony is in a written format. This is more reliable than mere verbal agreement.
• Agreements enable the couple to plan their future.
• The agreements are a proof of the date the couple had separated. At times, the lack of evidential proof regarding the completion of the stipulated duration of separation delays the divorce process.
• Separation before divorce gives a couple a fair idea of what to expect in the post-divorce period. It also helps them reckon the necessity and workability of divorce.

Differences between Divorce and Separation Agreement

Divorcing couples file their papers in the court and legally separate after obtaining the decree absolute. Separation agreements are less formal. The couple enter into an agreement and later live separately. They are not obligated to inform their decision to the legal authorities.

Separation agreements generally precede divorce. And the settlements reached, while formulating the separation agreement, make it easy to reach the final settlement at the time of a divorce.

Is Separation Agreement an Alternative to Divorce?

Separation agreement is a viable option to divorce. Some couples neither like to stay together, nor do they want to divorce. Religious views or child-related issues could operate as the preventive factors. At such times, a separation agreement proves to be the perfect alternative. Though the partners stay separately their marital status remains intact.

Divorce and separation agreements factor in the same issues. But many people are not aware of this practicable alternative to divorce. Neither are they aware of the difference between a divorce and separation agreement. These terms are used interchangeably by many people including lawyers (who are inexperienced in family law).

Making People Aware of Separation Agreements

Creating awareness about the possibility of a separation agreement is extremely important. Otherwise, lack of knowledge would prevent divorcing couples from availing this legally permissible option.

Awareness can be generated by educating the divorcing couples via the medium of internet. Many separating couples consult their friends and search online for extra information that might prove helpful during the complicated process of divorce. Divorce-related web sites must carry informative articles about the separation agreements.

Other than informing through web sites the internet presents varied options:Blogging: It is an interactive forum that is used by many to generate interest. Companies that offer online legal service can describe the availability of this option and provide the ‘do-it-yourself’ legal separation forms to the public.

Interactive advertisements are another form of advertising that is gaining rapid popularity.

Separation agreements help the couple to solve the complicated issues pertaining to divorce. The separating couple can either continue to stay separately or divorce at a later date. The concept of separation agreement is gradually gaining popularity and many couples are trying out this option.