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Making the decision to separate from your spouse is never easy, and you may be unsure about whether you will eventually reconcile. If you are not sure you are ready to divorce and bring your marriage to an end, or divorce is not an option for you, you may decide that formal separation is the best option.

If you choose to separate, you should set out the terms of separation in a separation agreement. However, matters can be a little more complicated where there is an international element to your family, your assets or your job. In this article, we look at separation agreements and how they might work for international couples.

What is a separation agreement?

A separation agreement is a written agreement that sets out your practical and financial arrangements while you are separated. Most separation agreements cover:

• Who is responsible for paying the mortgage on your home, rent or any other household bills
• Who will live in the family home or what will happen if it is to be sold
• What will happen to any shared debts
• What will happen to any savings, investments or other assets
• Whether one party will pay maintenance support to the other party
• Arrangements for children including who the child will live with and parental access

It is straightforward to draw up a separation agreement where both parties can agree, but we would always recommend seeking advice from a specialist solicitor to protect your position. This is particularly important if you or your partner is considering moving abroad as you will need specialist international family law advice to ensure you can enforce any arrangements you make with your former partner.

Can I enforce a separation agreement in another country?

This is the most complicated element of international separation agreements. While a separation agreement is a legal document which is recognised as a contract by the UK courts, it is not a legally binding document and is not filed anywhere. This can mean your agreement is unenforceable in another country. However, if you are concerned that your former partner may move abroad and will not adhere to the terms of the agreement, we can provide specialist advice for your circumstances.

What is judicial separation?

A form of separation that you might wish to consider is “judicial separation”.  Judicial separation is similar to divorce, but it will not bring the marriage to an end. However, judicial separation gives the parties the power to apply for a court order to deal with financial matters. A court order can usually be enforced in another country if one partner moves abroad depending on the laws of the country where they are resident. We can advise you as to whether judicial separation might be appropriate for your circumstances.

Can I ensure my former partner pays Child Maintenance if they move abroad?

Enforcing child maintenance can be challenging, but there are ways to ensure that your receive what is due to you.

If both you and your partner agree to the terms of child maintenance between yourselves, this is known as a ‘private arrangement’. Making a private arrangement gives parties the power to decide how much will be paid, how it will be paid and when it will be paid, but  if you enter into a private arrangement for child maintenance you will not be able to enforce the arrangement if your spouse moves abroad and stops paying.

As a result, you may wish to use the Child Maintenance Service to make a formal arrangement.

Enforcing Child Maintenance Arrangements

Reciprocal Enforcement of Maintenance Orders (REMOs) are international agreements between the UK and other countries which can help parents to recover child maintenance from a partner that lives abroad. There are more than 100 countries which have such agreements with the UK.

You can make a REMO application which will be enforced according to the laws of the country where your former partner lives.

IMD Solicitors understand the difficulties and emotional strain families go through when a marriage breaks down and are here to help ensure the best possible agreement is put in place. Get in touch with our expert separation agreement solicitors to make an enquiry.

Contact our Separation Agreement Solicitors in Manchester, Birmingham and London

If you need  further advice on your rights during the separation process, contact our multi-cultural separation agreement UK solicitors today to discuss your case on 0330 107 0107 or request a call back.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.