Partner and Head of Wills & Estate Planning at Andrew & Co Solicitors Helen Newson writes...
When some couples separate they do not immediately wish to divorce or they may not be married.
There will in almost all cases be a need, however, for them to agree their financial arrangements, at least on an interim basis. In order to avoid a dispute with regard to those arrangements it is sensible in those circumstances for the couple to enter into a Separation Agreement. The Agreement is essentially a contract between the parties setting out what has been agreed and is understood by them. Whilst the Agreement cannot oust the jurisdiction of the court which is still at liberty to make an order as it sees fit it has become established that an Agreement that has been properly negotiated with the assistance of legal advice, after full financial information has been exchanged by the parties and where the agreement is fair on the face of it, will be considered to be a relevant circumstance and is likely to be upheld by the court. Our specialist team of family solicitors are experienced in advising when a Separation Agreement is appropriate, the matters to be considered and in drafting Agreements for separating couples.
To speak to a member of the Family team and make an appointment, please phone us on 01522 512123 (Lincoln) or 01636 673743 (Newark).