Separation

If you and your partner have separated, you may wish to regulate what will happen in terms of your property, assets and income.

Separation agreements can be useful for both cohabiting and married couples, although it is important to note that cohabiting couples do not have the same rights. Married couples have rights on their spouse’s income and assets that cohabiting couples do not. Married couples can formally bring their marriage and finances to an end by way of Court Order, which is not the case for cohabiting couples.

What is a Deed of Separation?

A Deed of Separation is a written document which can be used for divorcing or separating couples to record an agreement. This document is tailored to each couple to fit the circumstances of their agreement.

Deed of Separation for Unmarried Couples

Although unmarried couples do not have the ability of recording their agreement in a Financial Consent Order, they may wish to still have this recorded. For example, if you and your former partner have agreed that they will remain in the property until they can raise a sufficient mortgage or deposit to purchase your share, recording this agreement will protect both parties if the other changes their mind further down the line.

Deed of Separation for Married Couples

While it is highly recommended that divorcing couples formalise their agreement into a Financial Consent Order, some couples simply do not wish to apply for a Divorce at that point in time. A Deed of Separation can record how the assets are to be distributed between the parties and can later be recorded into a Financial Consent Order should the parties issue Divorce proceedings.

If you and your partner cannot agree on how your assets should be distributed, it may be useful to attend mediation or have a family solicitor negotiate with them on your behalf. In some cases, Court proceedings may be required.

If you require assistance with your rights on separation or would like your agreement recorded into a Deed of Separation, please contact a member of our family law team on 01202 842929 or family@mjplaw.co.uk.