THE MARSHALL & GALPIN GUIDE TO SEPARATION AGREEMENTS FOLLOWING MARRIAGE BREAKDOWN
A separation agreement is usually used where the parties wish to separate but are not ready for a divorce. Sometimes the agreement is only intended to regulate the terms of a temporary separation, for example, who pays the mortgage and other outgoings.
A separation agreement can include a wide variety of terms dealing with, for example, maintenance, financial matters and arrangements for any children.
The agreement is flexible and, save for a handful of limitations, can include any terms which the parties deem appropriate. Agreements can also be varied by the parties if the amendments are agreed.
Financial matters often cause some of the biggest problems between couples after marriage breakdown however, a separation agreement may reduce the tension primarily by providing financial certainty without having to involve the Court.
Separation agreements can be tailored to the needs of each couple and can, for example, deal with the following :-
i. Living apart - The agreement to live apart, free from interference from the other spouse, is a key feature of a separation agreement.
ii. Maintenance - Here one party agrees to pay maintenance to the other and/or for any children. However, such an agreement may not prevent the Child Support Agency becoming involved.
iii. Property/Finances - Arrangements for the division of assets or the discharge of debts are a common feature of agreements.
iv. Arrangements for the children. - The agreement will often deal with the arrangements for any children.
A separation agreement is a contract and therefore is governed by the law of contract. Consequently, if it is not prepared properly then it may not prove to be legally binding. It is therefore important that both parties should receive separate and independent legal advice.
Provided the agreement is prepared properly, where a breach occurs, a claim can be brought for breach of contract.
Where the parties subsequently divorce, provided that the agreement is drawn up properly and is reasonable a Court is unlikely to interfere with it and will usually seek to uphold the provisions contained in the agreement.
There are some draw backs to separation agreements, including the fact that they are harder to enforce than a Court order. In addition, a Court can, following an application by either party during subsequent proceedings, make orders that differ from the provisions of the agreement. However a Court will only alter the terms of an agreement with good reason, for example, if the agreement is unfair or defective.
For further information, please contact:-
James Stonham (Thame) 01844 219102 email - mailto:james.stonham@marshallgalpin.com
Simon Bassett (Abingdon) 01235 557008 email - mailto:simon.bassett@marshallgalpin.com
Mark Phillips (Oxford) 01865 268630 email - mailto:mark.phillips@marshallgalpin.com
Angela Davies (Thame) 01844 219110 email - mailto:angela.davies@marshallgalpin.com
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