Parslows have years of experience dealing with financial issues, untangling complex shared assets, and resolving disputes centred around family assets.

Separation Agreements or Judicial Separation

If your relationship (whether by marriage or civil partnership) ends and you decide to live apart, it is important to consider entering into a legal separation agreement. You may have shared assets to divide up or want to make sure that your material assets are protected. It is wise to record any decisions you both agree to in the form of a written separation agreement. This is especially the case where the option of a divorce or civil partnership dissolution is not yet available, or at this stage, you simply don’t want to divorce or dissolve your partnership.

Reaching a separation agreement can be a difficult process. Parslows divorce lawyers have years of experience dealing with financial issues, untangling complex shared assets and resolving disputes centred around family assets.

 

What is a separation agreement?

A legal separation agreement is a contract between two parties. The contract binds both parties and a failure to follow its terms may result in a claim for breach of contract. The Royal Court has the power to set aside or not enforce an agreement that is unfair or unreasonable or where child support or spousal support is inadequate.

What does a separation agreement usually address?
  • Spousal maintenance
  • Debts
  • Property division
  • Child support
  • Child maintenance
  • Custody and access
Why would you use a separation agreement?

A separation agreement is useful where the parties have not been married for the requisite 3 years. It is also helpful if the parties do not want to divorce due to religious reasons.

What happens with the separation agreement if you eventually get a divorce or civil partnership dissolution?
As part of the divorce procedure, the separation agreement can be presented and thereafter ratified by the Royal Court and its terms incorporated into a Court Order.
Is a separation agreement legally binding?

The Royal Court will have an overriding power to override a separation agreement. However, where a separation agreement has been negotiated and considered reasonable, it is unlikely that the Court would overturn it. Usually, the only way they would agree to such a measure is where a party can prove the other has withheld material information prior to signing the separation agreement.

A legal separation agreement helps make sure you’re both clear about the details of your separation, especially if you have children, joint finances, or property together. We can help you draft a legal separation agreement that covers: how shared assets are divided up, including property and business interests, who will live where, who has responsibility for repaying debts and ongoing financial obligations, where your children will live, and how both of you contribute financially to their care. It can also deal with provisions for divorce or civil partnership dissolution in the future.

Our highly experienced family law solicitors are here to help and support you with any issue you may face reaching a favourable Separation Agreement.

What our clients say

“Careful consideration and time …”

Thank you for steering the dispute to family foundation, something my ex-partners legal advisor should have requested form the outset as a first step. A summons to Royal Court would have been a very bad situation for all parties.

I thank you for your careful consideration and time.

Family Law March 20, 2023

“Relief is an understatement …”

Thank you for the decree absolute from Natalie. Relief is an understatement! Thank you to both of you [Natalie and Catia] for all your work, understanding, compassion and support through the most awful of times.

Family Law July 18, 2022

“Huge thank you …”

Huge thank you to you Natalie and your colleagues involved with my separation agreement and making things so simple and fast in what has been a difficult time. I look forward to receiving my updated draft Will for my perusal and finalisation.

I will certainly recommend you to everyone and I have told my daughter to contact you re her Wills as she has now been waiting 9 months with numerous chaser e mails to another firm and still nothing to sign!

Family Law July 13, 2022

“Thank you so much …”

Just a quick note from me, thank you so much for all your help on this Natalie.  I appreciate I have probably been quite persistent (putting it kindly) in contacting and requesting updates and appreciate how you have handled this and dealt with the stressful situation last week.

Family Law October 25, 2021

“I am so very grateful …”

Thank you so much for all your help Natalie.  You are making this incredibly difficult time far easier and for that I am very grateful.

Family Law May 11, 2021

“Thank you so much ….”

Thank you so much for your kindness and professionalism today. You made a difficult day much easier.

Family Law October 29, 2020

“Natalie and the team worked together seamlessly …”

‘Natalie and the team worked together seamlessly as a team for me consciously keeping my costs throughout as low as possible, whilst at the same time in my opinion giving me the best advice and always making sure I understood any ramifications of our decisions. They were at all times extremely kind, friendly, polite and punctual and the time spent in the offices was always friendly and not intimidating at all, almost family like. Legal 500 2021 client testimonial 

Family Law October 1, 2020

“I think the key is the whole firm feels like a real team …”

‘Parslows were head and shoulders the friendliest and most welcoming, right from their receptionist’s warm welcome. The whole team instantly realised my position and distress, they put me at ease and explained the best way forward and the likely costs moving forward. After walking into their firm a complete mess I left feeling a lot happier and comfortable that we could all work well together, I have been working with them now for over a year and simply can’t praise them enough. I think the key is the whole firm feels like a real team.’ Legal 500 2021 client testimonial 

Family Law September 14, 2020

“Thank you again for getting me home …”

The move went well despite the Covid situation and to have my family with me is great.  Thank you so much for getting me home.

Family Law August 3, 2020

“You make an awesome team …”

I cannot tell you enough how much I appreciate all your and Natalie's hard work. You make an awesome team and I can’t thank you enough.

Family Law June 15, 2020

“A very well deserved thank you for all the work …”

I’ve never really given a thank you that was deserved for all the work carried out by Parslows and the efforts that you put in over the full duration of the case. Your patience during some very tedious moments, advice and with support from the team throughout, was very much appreciated.

Family Law February 24, 2020

“Will utilise your services in the future …”

Thank you to the Parslows team for the services they have provided to me over the last 12 months. Will utilise your services in the future (hopefully not necessary) if and when required. Have a lovely weekend.

Family Law November 18, 2019

“I would recommend you to anybody going through the same proceedings …”

I cannot express enough how grateful I am for your work on this case, it has been painful to say the least but I couldn’t fault you Natalie for your ongoing support.  I would recommend you to anybody going through the same proceedings.

Family Law November 5, 2019

“No praise high enough …”

I  can't thank you and the team highly enough for all you have done. In a few weeks I’ll be back again as I want to make a new will. But really…. without you and the team I would been been totally lost. There is no praise high enough for you all.

Family Law October 10, 2019

“Thank you for making this possible …”

Thank you for making this possible. You and Natalie and everyone at Parslows have been wonderful over this long and at times rather traumatic 16 months.

Family Law September 25, 2019

“Efficient and professional …”

Thank you for your services ..... I have been very pleased with the efficient and professional service which you provide.

Family Law July 2, 2019

“Thank you for your continued help …”

Thank you for your continued help and support in this matter and thank you to the family team.

Family Law May 10, 2019

“You were amazing …”

Hi Natalie, honestly thank you so much for today, you were amazing and got every point over perfectly! Hopefully some positive steps forward but watch this space!

Family Law April 29, 2019

“You are a credit to your industry …”

Thank you for getting me to this point. Your help and support has been paramount in getting us here.  You are a credit to your industry.

Family Law September 27, 2018

“You are an absolute star …”

You are an absolute star. I wouldn’t have done this without you.

Family Law July 23, 2018

“I took your advice … he has paid all maintenance owed ….”

Just a quick update regarding my problem with my ex paying the maintenance he owed.  I took your advice and contacted a debt collection agency which we use in work.  Today he has paid all maintenance owed and agreed to increase his maintenance payments to the correct amount.  I am in shock!  I wanted to thank you for your advice and for taking the time to help me I really appreciate it.

Family Law July 2, 2018

“Gratitude for your professionalism and conduct …”

I am whole heartedly relieved with final closure and agreement of the proposed settlement offer. Please can I extend my gratitude for your professionalism and conduct in reaching the final outcome.

Family Law February 15, 2018

“You’ve really helped in so many ways …”

Thank you very much [Natalie], and thank you again for all your help, advice, patience and guidance over the last year or so. You’ve really helped in so many ways and it really is appreciated.

Family Law November 27, 2017