Marriage separation agreements

A married couple sometimes want to separate and reach agreement with regard to their children and finances without proceeding with a divorce.

In these circumstances, a separation agreement might be appropriate, so both parties can set out exactly how they wish assets to be divided.

They can record a full range of financial provisions including orders in relation to property, payment of lump sums and maintenance for both spouses and children.

The one issue that cannot be adequately dealt with in a separation agreement is a pension sharing order, as this will need to be ruled upon by a court.

How Napthens can help

We will sensitively work with you to reach the conclusion that works for you, in a manner that takes in account your personal circumstances.

The team will help address key issues before moving on to signing the agreement. While separation agreements are not strictly binding upon a court, it is most unlikely a court would impose an order materially different to the terms agreed, as long as they are reasonable and provided both parties have had the benefit of independent legal advice.