When a marriage breaks down, getting divorced is not always an option – whether for religious or cultural reasons – or because you need some time to reflect and make sure you come to the right long-term decision.
A separation agreement can give you certainty over your finances, where your children will live and other practical arrangements, allowing you and your spouse to start living independent lives without getting divorced.
To make sure any separation agreement you make is fair and that your needs will be met, it is important to get specialist legal advice. The Family Law team at mfg solicitors is highly experienced in negotiating and reviewing separation agreements, so can provide the sure advice and confident representation you need at this difficult time.
Looking for swift advice on a separation agreements or a more general chat about whether this is the right option for you? Please get in touch.
Why choose mfg solicitors when making a separation agreement?
Independent recognition as leading family lawyers
We have been independently recognised for our leading expertise in all areas of family law, being highly ranked by trusted client guides the Legal 500 and Chambers & Partners. Our team is also accredited by the Law Society for Family Law for our skills and knowledge.
Expertise with medium & high net worth clients
Our team acts for a wide range of clients, with particular experience advising medium to high net worth clients, including professionals such as dentists and doctors, as well as farmers and landowners. We have strong expertise in family businesses and partnerships.
Strong skills in alternative dispute resolution
We are highly experienced in negotiating solutions using methods such as collaborative law, so can typically help you achieve a fair separation without the need for court proceedings. However, we also have strong litigation expertise if court proceedings are required.
Dedicated personal support every step of the way
You will have a dedicated solicitor acting for you from the start and through every stage of reaching a separation agreement. They will act as a single, consistent point of contact who will get to know you and your case, delivering the high quality, personal service you deserve.
Speak to our family lawyers about a separation agreement now
To arrange an initial consultation with our expert team, please contact your local mfg solicitors office in Birmingham, Bromsgrove, Cleobury Mortimer, Kidderminster, Ludlow, Quinton, Telford or Worcester.
Or you can use our simple contact form to ask a question.
How separation agreements work
What is a separation agreement?
A separation agreement allows a couple who are married or in a civil partnership to separate and start living independent lives without needing to get divorced or dissolve their civil partnership.
The agreement will be a written document, signed by both parties, setting out how practical details needed for the separation should be handled e.g. how each party will be financially supported, what happens to the family home, where any children will live etc.
While the agreement will not be legally binding, it can provide certainty for both parties. The agreement is a legal contract between the parties, however, so if the agreement is breached, the matter can be taken to a court for a judge to decide on.
If you later get divorced or dissolve your civil partnership, the terms of a separation agreement can be made binding by applying to a court for a Consent Order.
What to include in a separation agreement
Exactly what a separation agreement will need to cover will depend on your circumstances and what matters you need to arrange, but will typically include issues such as:
- Where both spouses will live
- Where any children will live
- What will happen to any shared property e.g. your family home
- What will happen to any joint accounts, investments and other shared assets
How to make a separation agreement
Separation agreements cannot be made by a court, they need to be made voluntarily between the two parties. This is normally done either through negotiation or an alternative dispute resolution process, such as using collaborative law.
It is important that the agreement be drawn up by a solicitor and each party should take independent advice from their own legal representatives. This helps to ensure the agreement is fair and that all of the important issues have been considered.
Our separation agreement fees
We want our fees to be completely transparent and appropriate to your circumstances. We will make sure we agree a fee structure at the outset that matches your requirements with all costs clearly explained in advance and no hidden costs to worry about.
Fixed fee services
Depending on your needs, we can offer certain services, such as individual sessions of initial advice and drafting separation agreements for a fixed price. This gives you complete certainty over the costs involved.
For more complex matters, we will generally work to an agreed hourly rate. This allows us to give you exactly the level of support you need while making sure you are always completely clear about our fees.
Speak to our separation agreement solicitors today
For practical, personal guidance on reaching a separation agreement, please get in touch now to arrange an initial appointment with our friendly, expert family lawyers.
You also use our simple contact form to ask a question and we will get back to you shortly.