What is a Separation Agreement?
If you are in the unfortunate situation where your relationship has broken down and you no longer wish to live with your partner, then you may want to consider a Separation Agreement. A Separation Agreement is a contract between the parties to a relationship which covers how any assets, debts and responsibilities are to be divided following the separation. They can be used by married and unmarried couples. A Separation Agreement should be drawn up by a family law solicitor and signed by both parties.
If you’re married and do not wish to divorce straight away, then it can be a useful way to agree the terms of your separation. For unmarried couples they can be important as you are not protected in the same way on separation as a married couple would be in a divorce and a Separation Agreement may assist to provide evidence of an agreement.
We know that families and family life can be complicated. A Separation Agreement is useful to allow parties to take stock and allow the ‘dust to settle’ Our team of Family Law Specialists have a wealth of experience in providing the best outcome for families. With offices in Sheffield, Chesterfield, Mansfield and Dronfield, our team of specialists are more than happy to help.
For more information, call Banner Jones Family Law Solicitors in confidence on
What is Included in a Separation Agreement?
Each agreement is entirely different, and it is tailored exactly to your needs, but typically, this would include:
Property Arrangements
This could set out things such as:
- What would happen to the home you currently live in?
- If the property is to be sold, what percentage of the sale would each person get?
- How will the assets in the property be divided? For example, who would get the white goods, furniture etc.
Finance Arrangements
A Separation Agreement may include decisions on who pays the following and by when if there are timescales that need to be met:
- Any mortgage or rent payments
- Any loans, credit cards, outstanding debts and including any hire purchase agreements.
- Utility bills such as gas, electric, water, council tax, TV licence and broadband.
Child Arrangements
Because this agreement is designed to cover what happens after separation, this can also include details as to what happens in relation to any children you have, covering details such as:
- Living arrangements
- How often they will spend time with another parent
- Taking children on holidays
- Child maintenance
However, because during divorce, the Court are not concerned with arrangements for children you would still need to apply for a Child Arrangements Order and we can help you with this.
Is a Separation Agreement Legally Binding?
A Separation Agreement is not a Court order, therefore, it is not strictly legally binding, however, it is still a contract so it can be challenged in Court if needs be. The Courts will always view a professionally written legal contract more favourably, so we would always recommend you seek legal advice from a family law solicitor who will then draft a robust Separation Agreement on your behalf.
A Separation Agreement can also be used to form the basis of a legally binding Consent Order in any future divorce proceedings. This can often help to speed up the process as an agreement between the parties has essentially already been reached.
Evidence of separation:
The document will on the face of it state the date on which you separated. This would be the date on which you could start the ‘clock’ running if you agreed to divorce on the basis of two years separation by consent.
Can a Separation Agreement be Amended?
Circumstances sometimes change and it may be necessary to have your Separation Agreement re-written. It is advisable for you both to seek legal advice on the changes and once agreeable to both parties sign another agreement. If there are changes that you both agree to, you don’t necessarily need to go through the process of amending the formal agreement, but it can be useful to avoid any future disagreement.
If you have Separation Agreement, and need to make changes to this, you are best placed to seek advice from a Family Solicitor.
How Can Our Family Law Solicitors Help?
We know that families and family life can be complicated. A Separation Agreement is useful to allow parties to take stock and allow the ‘dust to settle’ Our team of Family Law Specialists have a wealth of experience in providing the best outcome for families. With offices in Sheffield, Chesterfield, Mansfield and Dronfield, our team of specialists are more than happy to help.
For more information, call Banner Jones Family Law Solicitors in confidence on
He's got to keep a roof over our heads hasn't he?
Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return. Our family law solicitors can advise on your specific circumstances.
How soon can I file for a divorce?
You can get divorced in England or Wales if all of the following are true:
- you’ve been married for over a year
- your relationship has permanently broken down
- your marriage is legally recognised in the UK (including same-sex marriage) Speak to one of our divorce solicitors to ensure you meet the legal criteria.
What am I entitled to in a divorce?
The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party. Our family law Chesterfield team can guide you through this process.
Will I lose touch with my children?
Your aim should be that both parents still play an active part in the raising of the child/children. Usually, parents sort this out amongst themselves, although if there are problems, mediation can be a good way to resolve this. Our family law solicitors will advise you on Shared Care Agreements and Live With and Spend Time with Orders. Going to Court should always be the last resort when children are involved.
Will we have to go to Court during our divorce?
No, getting a divorce should be an administrative exercise only, and there are many options open to you that avoid going to Court.
What is a no fault divorce?
No fault divorce removes the need to prove one of the five facts of divorce (adultery, unreasonable behaviour, desertion of two years, separation of two years with consent to divorce and separation of five years without consent). Instead, only a statement of irretrievable breakdown will be needed.
A couple can file for divorce once they have been married for at least 12 months. There is no need to apportion blame or fault, as was the case under the previous law when parties had not been separated for a period of over 2 years.
Our divorce solicitors are on hand to explain how this works.
Will I need a divorce solicitor?
A divorce solicitor will:
- Assist with the preparation of the divorce paperwork and lodging the same with the Court.
- Advise on how finances should be divided on divorce, including things like how the family home will be dealt with, how pensions and other savings and investments might be split and whether there is a requirement for maintenance payments.
- Prepareg documents, for example, the consent order to create a legally binding financial agreement between the parties.
- Advise on entitlements and helping to negotiate. If no agreement can be reached, a solicitor will advise as to the merits of issuing court proceedings and will represent you within these proceedings.
- Implement orders, whether by consent or decided by the court.
- Advise and support parents who are in dispute to reach arrangements about how they will care for their children.
- Prepare cases to be presented to the court and conduct the proceedings where disputes cannot be settled.
This is not an exhaustive list but illustrates that the divorce itself may only be a small part of the legal process of relationship breakdown.
How do I file for a divorce?
To file for a divorce you usually have 3 options:
- Use a solicitor to file the paperwork for you
- File yourself using the government portal
- Use an online divorce service
Remember that this is just to start the divorce part of the process. The parenting and financial arrangements will normally need to be agreed separately to this part.
How long does the divorce process take?
Divorce for most people will take a minimum of 26-weeks or six months, with additional time for the conditional order application to be considered and pronounced. If the couple need more time to complete their divorce, then the law will allow for this.
In exceptional circumstances (such as terminal illness or imminent birth of a child to one of the parties), it may be possible to have this process expedited.
Is a no fault divorce 'cheaper’?
It makes sense that if your separation is less contentious, then the legal costs will be lower, but there are often financial arrangements to sort out as well as dissolving the legal marriage or civil partnership.
With a no-blame culture in place, it is hoped that it will encourage more constructive discussions leading to better, and therefore less expensive, outcomes. However, there is no guarantee that this will necessarily be the case. A no fault divorce financial settlement is the same as any other divorce settlement, and may include maintenance and the division of assets etc.
For clarity on costs, speak to our family law solicitors in Sheffield.
Do both parties have to agree to a divorce?
It is possible for one party to contest a no fault divorce in the same way that they could contest a traditional divorce. This occurs when the parties cannot agree on the terms of the divorce, i.e. a fair division of money and assets, maintenance, child arrangements etc. If this occurs, then the case will be put before a judge, unless the couple agree on ADR (alternative dispute resolution) such as mediation. Our divorce solicitors can explain your options.
What is the divorce process?
- We will prepare a form called a "divorce petition" to start proceedings. It confirms to the Court that your marriage has irretrievably broken down, that you have decided that your marriage is sadly at an end, and that you are seeking a divorce.
- After the requisite 20 week period following the issuing of your petition, we will then prepare a form to confirm to the Court what, if anything, has changed since the divorce proceedings were started.
- From the date of the Conditional Order, there is then a further period of 6 weeks and a day which must pass before we are able to prepare your application for the “Final Order”. The Final Order brings your marriage to an end and leaves you free to re-marry.
Can I contest a divorce?
There is now very little you can do to contest an unwanted divorce, unless there have been procedural errors in the application – which is rare.
Why do we need no fault divorce?
As the old process of divorce required one party to divorce the other and provide reasons for their desire to divorce, it was difficult to focus on moving forward without conflict. Old divorce law (prior to 6 April 2022) dates from the 1970s and did not adequately reflect modern society and introduced an unnecessary element of delay or conflict in the divorce process.
Without the need for blame to be apportioned, it is likely that the process will be less upsetting for many, helping children get through a very difficult time. The change in the law will help avoid increased conflict. It will also help the co-parenting that will need to take place even after the marriage has been dissolved.
What happens about parenting and finance arrangements with a no fault divorce?
These are separate areas of your divorce and are not covered under the no fault divorce law. You will need to reach an agreement on how you are going raise your children whilst living separately and also agree on a fair division of your assets and any ongoing payments.
If you are struggling to agree between yourselves, family mediation is the next step as it is a pre-requisite for going to court for a decision in most cases. But there are also other options outside of court if mediation breaks down or is not suitable for your situation.
Our Family Solicitors in Sheffield, Chesterfield and Mansfield will be able to advise you on your options.
Can I file for a divorce online?
You can apply for a no fault divorce online via the Government website.
The online process may work for straightforward divorces where you can agree the grounds for divorce between yourselves, where both parties are co-operating with the divorce and where there are no issues over costs and/or children. However, having a solicitor providing legal advice ensures that you are supported throughout the process which can help to reduce the emotional burden. A solicitor can also ensure that the forms are completed correctly so that there are no delays and increased costs incurred by errors made on the forms.
We've divorced amicably and want to sort everything ourselves. What happens if we don't get a consent order for the finances?
If you have managed your own divorce online without legal help, it is worth nothing that you have still not actually finalised your divorce until you have dealt with your financial affairs. Some couples are able to negotiate and agree financial terms amicably, but a consent order is the only way you can ensure that any agreement reached is legally enforceable.
The consent order records the terms of the financial agreement you have reached and legally severs the financial ties between you. Without a consent order from the court, there is the possibility that your ex could make a claim for a share of your assets, property, income or pensions in the future.
For peace of mind, contact our divorce solicitors who will be in a position to provide full and clear advice specific to your circumstances.