Separation Agreement Solicitors

Irwin Mitchell is an excellent firm that is highly responsive and provides superb service.

Chambers & Partners, 2023

If you have decided to separate from your partner, a Separation Agreement could help you divide your finances and decide how you are going to live apart.

You may have shared assets to divide up, or want to make sure that your personal assets are protected. While this can be a difficult process, we have years of experience in dealing with family law, helping couples untangle complex shared assets, resolving disputes and helping people come to a clear understanding.

We can help you draw up a Separation Agreement that covers:

  • How shared assets are divided up, including property and business interests
  • How shared debts will be split up
  • Who has responsibility for repaying different debts and any other ongoing financial obligations
  • Who will live where
  • Whether there will be ongoing maintenance payments
  • Where children will live, when you or your partner will get access and how both of you contribute financially to their care

There may be many reasons why you are not ready to divorce - maybe you are not able to as you have not been married long enough, or are simply not ready to make that final step. Whatever your circumstances, we will deal with your case with care, sensitivity and clarity, making sure you get exactly the terms you want in language you can understand.

We are a national law firm with experience of high-profile separation cases, but always offer our clients a personal, one-to-one service. To find out more about Separation Agreements and how we may be able to help you, get in touch with a member of our expert team on 0370 1500 100, or contact us online and we'll get back to you as soon as possible.

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Clare Wiseman
Clare Wiseman Head of Family Law Meet the team

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Frequently Asked Questions

What Is A Separation Agreement?

A Separation Agreement sets out how you and your partner want to divide your finances and responsibilities when you decide to separate, but are not ready to divorce. They can cover a wide range of issues, but what actually goes into one is entirely up to you and your partner. Common subjects that are covered include:

  • How debts will be divided between you and your partner
  • How much you and your partner will contribute to your mortgage, rent or household bills
  • How proceeds from the sale of your house will be divided between you
  • How to divide joint bank accounts and savings
  • Who your children will live with and other access arrangements
  • The payment of child maintenance
  • How to divide your personal possessions (your car, furniture, and sentimental items, for example)

What If My Partner Contests Our Separation Agreement Later On?

If your partner wishes to contest a Separation Agreement at a later stage, they will need to go to court to change the agreement and convince the court that they should not have to stick to its terms. While the agreement is not technically legally binding, a court would usually be expected to allow a reasonable Separation Agreement to stand.

If We Subsequently Get Divorced, Does A Separation Agreement Lower The Cost?

A Separation Agreement can potentially lower the cost of your divorce as it may mean you don't have to go to court.

Although a Separation Agreement does not represent a final financial settlement as you can get in divorce proceedings, it can provide the basis for one if neither party contests it. This can certainly quicken divorce proceedings - and consequently reduce costs - when compared to a contested divorce.

I live in Scotland, can Irwin Mitchell help me?

Our expert family law team works with a number of trusted partners to help our clients with family law issues in Scotland.

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