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.

Parslows for Family Law - Separation Agreements or Judicial Separation

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

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‘Thank you so much. You have been amazing and really put me at ease.
Thank you for your time and for helping me.’

Family Law February 5, 2024

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‘Excellent client service, knowledgeable, caring staff. Effective communication, clear and concise information. I wish I had used Parslows years ago and I am sure the outcome I faced would have been very different.’

Family Law October 5, 2023

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Family Law October 4, 2023

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From the moment I contacted Parslows and spoke with Barbara my mind was immediately put at ease. I had many questions throughout my legal dealings and the Parslows team always came back to me promptly and took the time to explain various legal jargon making it easy to understand. It was the best money I have ever spent and was an absolute pleasure dealing with Barbara”

Family Law August 22, 2023

“Best money I have ever spent…”

Thanks so much for everything, honestly you’ve made it so much easier for me and given me reassurance when I truly needed it. 
Best money I have ever spent.   Thanks so much for everything Barbara, it’s been lovely meeting you. 

Family Law August 8, 2023

“Professional support …”

Thank you to you and the Parslows Team so much for all the help, support and professional received by me at what has been a difficult time

Family Law June 8, 2023

“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