The following Family guidance note provides comprehensive and up to date legal information covering:
This document provides general guidance regarding separation agreements. Your family lawyer will be able to provide specific advice based on your circumstances.
People who are already married or in a civil partnership can enter into a written agreement setting out what they intend to happen to their money, property and other practical issues as a consequence of their current or planned separation. This written agreement is called a separation agreement. Separation agreements are usually entered into by parties who are separating, but who do not want to divorce or dissolve their civil partnership at that time, perhaps for religious or practical reasons. The legal rules about these agreements come from the usual laws that apply to divorce, and also a decision of the Supreme Court in 2010 (Radmacher v Granatino) where the court said: ‘The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’.
A separation agreement is a contractual agreement between the parties to a marriage or civil partnership dealing with:
your agreement to live apart
your obligations to maintain one another and any children
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