Separation

Separation Agreement UK Solicitors located in Manchester, London and Birmingham

When divorce is not an option, separation agreements can be a way for unmarried couples to separate legally, whilst protecting the children, property, money and investments. At IMD Solicitors our separation agreement solicitors are here to help.

A separation agreement is a legal document made between a couple who are considering separating or have already separated. Married partners, those in a civil partnership or cohabitating couples may choose to consider entering into a separation agreement.

Why might you choose to enter into separation agreement:

You might have been married for less than one year and are unable to issue divorce proceedings on this basis.

Another form of separation that a couple might wish to consider is “judicial separation”. This is similar to the divorce process but the court does not need to inquire as to whether the marriage has “irretrievably broken down”. Whilst it does not dissolve the marriage and bring it to an end, it enables the parties to live separately and apply for an order to deal with financial matters. Get in touch with our separation agreement solicitors now and call 0330 107 0107.

If a party makes an application for financial remedy proceedings in the future, the court will take the separation agreement into consideration. However, the court maintains discretion in determining the appropriate division of the parties’ financial resources even when there is a separation agreement; the court might need to consider if there are any compelling reasons why it would be “unjust” to hold the parties to the agreement. There is clear guidance and procedure to fellow in what meets the criteria for a “qualifying nuptial agreement”.

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.

Is a Separation agreement Legally binding?

In the United Kingdom, a separation agreement, also known as a legal separation agreement or a deed of separation, can indeed be legally binding. While not a prerequisite for obtaining a divorce, a separation agreement is a formal contract between spouses or civil partners who have decided to live apart. It outlines the agreed-upon terms and conditions governing various aspects of their separation, such as property division, child custody, visitation rights, and financial support. For the agreement to be legally binding, both parties must voluntarily enter into it with full knowledge and understanding of its implications. It is advisable for each party to seek independent legal advice before signing the agreement to ensure their rights and interests are adequately protected. If drafted properly and executed with the necessary legal formalities, a separation agreement can carry significant legal weight and be enforceable by a court if one party fails to comply with its provisions. However, it is important to note that while a separation agreement can provide a framework for future legal proceedings, it cannot prevent either party from pursuing a divorce if they choose to do so.

How to Get Help Creating a Separation Agreement

Creating a separation agreement can be a complicated process, so it is vital to seek the assistance of solicitors specialising in family law to maximise the chances of both parties being in agreement with the outcome. IMD Solicitors’ separation agreement solicitors can help you create a separation agreement that works for you and your loved ones, protecting your interests and wellbeing.

How are assets divided?

During the process of a separation agreement in the United Kingdom, the division of financial assets is a crucial aspect that needs to be addressed. The guiding principle in asset division is achieving a fair and equitable distribution based on the individual circumstances of the couple. It is important to note that the division of assets in a separation agreement is different from the division of assets in a divorce settlement, as a separation agreement does not formally end the marriage or civil partnership.

When determining how assets are divided, several factors are considered, including the financial needs and resources of both parties, the duration of the relationship, their respective contributions (financial and non-financial) during the relationship, and the welfare of any children involved. The court takes into account various types of assets, such as properties, savings, investments, pensions, businesses, and personal belongings.

The couple has the flexibility to negotiate and agree upon their desired division of assets in the separation agreement. They can decide whether to split assets equally or in a way that reflects their individual circumstances. However, it is essential to ensure that the agreement is fair and takes into account the legal rights and obligations of both parties.

Expert Separation Agreement Solicitors

At IMD Solicitors, our family lawyers 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. Our expert separation agreement solicitors can provide advice and support throughout the process, ensuring that the agreement is legally binding and meets the needs of both parties and their children.

Contact Our Separation Agreement Solicitors in Manchester, Birmingham and London

For further advice on rights for unmarried couples, contact our multi-cultural separation agreement UK solicitors today to discuss your case on 0330 107 0107 or request a call back.

Example of cases we have dealt with:

F v F - Acted for a German husband in a complex financial remedy matter. He decided to instruct IMD Solicitors after he had lost trust in his previously instructed solicitors and feared that he would not achieve a favourable outcome from the proceedings. The relevant assets were spread across the globe with some located in the UK (including a multi-million pound business), Gibraltar, Spain, Dubai, and Poland. The overall value of assets exceeded £24 million. The husband had been cut off from the matrimonial assets and excluded from control of the business that had been established by his family. The case involved the instruction of numerous experts, for business valuations, Capital Gains Tax reports, and opinions on the enforcement of orders in foreign jurisdictions, and dealing with several applications, including applications for orders to freeze assets, prevent the disposition of assets, for the joinder of parties, and to litigate conduct issues. The final result exceeded the client’s expectations.

L v L - We were instructed by a mother in a complex international children matter. She was required by orders of the UK courts to return the child to the UK from Poland. She had travelled with the child to Poland but, following unsuccessful application to extend her stay there in August 2017, she decided not to return to the UK because the child disclosed sexual abuse by a member of the paternal family and the father. In September 2018, the Polish court dismissed the father’s Hague Convention application for the child's return on the basis of Article 13(b), a decision which the father appealed. In March 2019, the father applied to the UK High Court for an order for the child’s return pursuant to the procedure set out in Article 11(6) – (8) of the Brussels IIA Regulation. Despite the father's unsuccessful Hague Convention application in Poland, the UK court ordered the return of the child. Article 11 does not allow the court of the returning country much discretion. After all of this, the mother instructed IMD Solicitors to apply to discharge the orders of the UK Court for the return of the child. Even in the face of the fact that most applications to discharge such return orders fail, we succeeded. We are currently awaiting a decision in the UK courts on a further application for the transfer of jurisdiction to the Polish courts where the mother resides with the child.

G v P - We represent a Spanish mother in respect of an urgent application for a Child Arrangements Order and Specific Issue Order in the UK seeking the relocation of the child to Spain. This was after the return of the child to the UK under Hague Convection proceedings which this mother lost in Spain. She was asking for an order for the relocation of the child back to Spain and an urgent interim Child Arrangements Order to allow her to see the child pending the final outcome of the UK proceedings. IMD successfully argued that, regardless of the return of the child to the UK under the Hague Convention, the mother should be allowed unsupervised overnight contact with the child. We were delighted to be able to secure her contact with the child for Christmas and she said that it was the best Christmas gift she could have wished for. The outcome of the application for the relocation is pending.

S v V - We currently represent the father in Child Arrangements Order proceedings issued by the mother in relation to variation of a UK order made in the face of numerous other international proceedings. He is an Italian National who has been living in France for the last 20 years and the mother is a Lithuanian national. The child is now 11 years old and proceedings concerning the child have been ongoing in various jurisdictions for the majority of the child`s life. Contested divorce proceedings including child arrangements took place in Monaco. The French Court and authorities were also involved, and various proceedings had been ongoing between parties since 2013 in France and Monaco. The parties’ divorce was pronounced in Monaco. Thereafter, in December 2020, the mother submitted an application to relocate to England with the child, and the relocation took place in June 2021. Upon relocation, the she lodged a child arrangement order application, seeking to register a judgment made in Monaco and to vary the same in respect of the contact arrangements between the father and the child. The father seeks for the child’s return to Monaco. Due to the parties’ mutual allegations and the associated international elements, various authorities and courts that have been involved in the case, the local authority has become involved with the family and a guardian has been instructed to represent the child in the UK proceedings. At present, these proceedings in England are ongoing and the outcome of the professional reports regarding the family are awaited.

P v P - We have acted for the Respondent Husband in relation to the financial remedy proceedings in the UK. The parties had various assets in the UK and Romania consisting mainly of the portfolio of properties but conduct issues were raised by the Wife due to a business of the Husband over which she had lost control and her allegations of dissipation of assets. The value of assets excluding the business were in a region of £3 million.

K v K - We act in financial remedy proceedings for a wife who is a Polish national. The matter's complexity mainly comes from a dispute between the parties around land in Poland. Its value was initially in dispute but was then assessed by a joint expert to be in the region of half a million pounds. The total assets in this case are estimated to be worth over £1 million. The land in Poland is a subject to contract with a third party and is being leased as a photovoltaic (solar) farm. The division of the land to achieve an equal share of the assets is complicated due to the contract in place and plans for the future use of the land. Currently the parties are awaiting a final hearing but efforts are being made to reach a settlement with the aid of alternative dispute resolution and in order to save the parties money and avoid further delays.

R v O - We acted pro bono and worked together with a law firm in Poland to ensure that the Costa Rican Mother regains access to her child. The Mother's only child was abducted from the UK in 2014. The Mother was successful with the abduction case and the UK family courts ordered the return of the child. The orders were recognised in Poland but unfortunately due to various issues with the Mother's immigration status and court's delays in Poland, the orders were never enforced. The Mother was facing removal from the UK and prospects of never seeing her child again. We have corresponded with various courts in Poland dealing with international abduction matters and we decided that an application for contact should be issued rather than any proceedings for further enforcement of the orders, as the Mother had not seen the child for around 7 years. At the same we secured the Mother's stay in the UK making successful outside of immigration rules application
to extend her stay. We now receive regular photos from the Mother with her daughter, as face to face contact is taking place. We helped to secure an order of the Polish courts for the Mother to see the child regularly in person, whilst when she instructed us she was facing a prospect of never seeing her child again and being deported to Costa Rica.