Some couples simply wish to live apart. However, this is an area of law with more pitfalls than is widely known.

Maintenance, child support, property ownership, responsibility for shared outgoings and obligations in relation to children all need to be considered and can be regulated by an agreement designed to reduce the scope for misunderstanding, disagreement or argument.

At SME Solicitors, we provide compassionate guidance through these difficult times with clear legal advice tailored to your specific situation. Our advisers, Justine Lowe and Ian Stirzaker, are members of Resolution, a professional body for family law practitioners. They're committed to following a non-confrontational approach throughout, with the aim of reducing emotional turmoil and making the transition and separation easier.

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Feeling uncertain about what to do next?

We understand that this can be challenging and our experts are here to support you. Our diagnostics tools will help you to identify whether you're ready to begin the process of legally separating. We also offer a one hour no-obligation initial meeting at £150.00 + VAT. We know how hard it can be to take the first step, so we promise to make it as easy as possible for you.

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What is a separation agreement?

A separation agreement is essentially a contract between a couple who have decided to live apart. It outlines the terms of separation, such as arrangements for children, finances and property. It can apply to either a married or an unmarried couple. While it is a legally-binding contract, it is not sanctioned by the court and is therefore a less formal process. Justine has a background in contract law, which is valuable when drafting such documents.

Our Family Law experts have experience in drawing every factor together into one place and ensuring that the agreement covers everything it should. We are able to help you identify potential areas of conflict, to propose practical workable solutions and to prepare the documentation that will give you peace of mind.

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Separation agreements can cover:

  • Family home: Who will remain in the home, whether it will be sold, and how proceeds will be divided.
  • Finances and debts: Division of savings, investments, pensions, and responsibility for mortgages, loans, and other debts.
  • Maintenance arrangements: Whether one party will provide financial support to the other and for how long.
  • Children: Arrangements for where children will live, contact schedules, and financial support.
  • Household items: Division of furniture, vehicles, and other personal possessions.
  • Future changes: How the agreement might be reviewed or amended if circumstances change.
  • Legal status: Understanding that while not automatically legally binding, courts generally uphold separation agreements if properly drafted and fair.

A well-drafted separation agreement can provide clarity and certainty during a difficult time, potentially avoiding more costly and stressful court proceedings later. It can also form the basis for a consent order if you later decide to divorce.

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If you’re looking to separate rather than divorce, it’s best to seek independent legal advice from the outset, so you can be sure that everything’s covered. As part of the process, both parties need to disclose complete and honest information about your financial circumstances, including assets, liabilities, income, and pensions.

You’ll need to discuss how you wish to divide your assets and handle ongoing responsibilities, which you can do with the help of mediators or solicitors like SME. Once this has taken place, a solicitor will prepare a draft of the agreement. Both should seek separate, individual advice and will need to review the document independently. Once both parties are happy with the document, they can sign.

After this point, the agreement will be in place and you’ll need to carry out the practical aspects of the agreement, such as transferring property or setting up maintenance payments. These documents can be invaluable to regularise the commitments and obligations that each party makes to each other and the family, which helps to minimise conflict and misunderstanding in the future.

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Why choose our Family Law team?

Seeking expert legal advice is crucial at this time. Many aspects of family law are complex and emotionally challenging. You can be sure that we are acting in line with the Resolution standards, which means adopting a practical, non-confrontational approach to situations.

We use our experience with Resolution, as Mediators and from other areas of the law to assist you through the process. We will ensure that you are properly advised to enable you to make the right decisions and an outcome you can rebuild from.

We aim to provide you with prompt, expert advice throughout your case. During our initial meeting, we'll discuss our funding approach and our service quality guarantee.

Our goal is to achieve a fair outcome while minimising conflict and emotional distress. We also offer support through mediation or alternative dispute resolution methods, which are often less adversarial than court proceedings.

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News & insights

Stay informed with the latest insights from our team, including case studies and legislation updates.

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