Hugh Condron - Separation Agreements - Family Law Centre

 

What is a Separation Agreement and is it legal?

Separation Agreements are typically used when a couple decides to live apart but are not yet ready to pursue a full divorce. The agreement can address financial, custodial, and other practical matters to help ensure an amicable separation process. Despite what some people might say, Separation Agreements are legally binding. It is important to note that a Separation Agreement does not dissolve your marriage, that can only be done through the court by way of Divorce.

Separation Agreements are not orders made by the court, which means they can potentially be challenged or changed later on. To make sure that a Separation Agreement is taken seriously by a court, it's important to have the agreement drafted or reviewed by someone with experience in this area.

The agreement should be voluntarily entered into by parties, with each having received legal advice beforehand. Full disclosure of finances from both parties is also essential, and the terms of the agreement must be fair and reasonable to both parties. If a dispute arises and the case ends up in court, the court is less likely to alter the Separation Agreement if these key conditions are met. This helps ensure the agreement is legally enforceable.

As your Separation Agreement is essentially a contract between two people, in the absence of a Judicial Separation, any dispute will be dealt with under Contract Law. When the Separation Agreement is signed by both parties it is often known as a Deed of Separation. Hugh Condron hughcondron

Deed of Separtation

As mentioned, the actual document that is drawn up and signed by both parties, when they have reached an agreement, is often called a Deed of Separation and it is a legally binding written contract. 

The Deed of Separation can be made into a rule of court by making an application to the court for a Judicial Separation. This makes sure that all the terms agreed upon can be legally enforced where covered by appropriate family law legislation. The same can be said when an application is made for Divorce, if a well drafted, fair and workable Deed of Separation is in place it can be made an Order of the court along with the Decree of Divorce.

Pensions

One important note to consider is that pensions cannot be dealt with conclusively in a Deed of Separation. You may outline your wishes regarding a pension but this will only be a statement of intent as any changes to a pension can only be made with the consent of the Trustees of the pension through the Court in Judicial Separation or Divorce proceedings.

Conclusion

In conclusion, Separation Agreements are valuable legal tools for couples navigating the complexities of separation. They provide a structured framework for addressing crucial aspects such as asset division, child custody, and financial support. While these agreements can be created without legal assistance, involving an experienced family law practitioner is highly recommended to ensure the agreement's legality and enforceability. hugh condron Hugh Condron hughcondron

Key points to remember:

A properly drafted separation agreement can help avoid future disputes and streamline potential Divorce proceedings. Hugh Condron hughcondron

To be considered valid by courts, agreements should be voluntary, fair, based on full financial disclosure, and created with legal advice.

Pensions can only be dealt with by way of a court Pension Adjustment Order. hughcondron

While separation agreements can be modified under certain circumstances, they provide a level of certainty and protection for both parties. Even if relations with your spouse are currently amicable, a formal written agreement offers more security against future disagreements.

Ultimately, while not mandatory, a well-crafted separation agreement can provide clarity, reduce potential conflicts, and offer legal protection during a challenging time. It's an investment in a more stable and predictable future as you navigate the separation process. Hugh Condron

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