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Family Law
Separation Agreement Solicitor
A Separation Agreement Solicitor is a vital part of forming a separation agreement. A separation agreement is a binding contract between spouses and usually contains the following terms:
- Agreement to live apart. this is a fundamental provision in every separation agreement where the parties agree to live apart.
- Guardian and Custody of Children. If there are children under the age of 18 it would be usual for both spouses to remain as guardians. However, provision can be made for the custody of children to be provided to one spouse with rights of access being provided to the other spouse.
- v Maintenance. This is the sum and frequency of money paid for the maintenance of children and perhaps the spouse.
- v Property. It is usual for the separation agreement to detail how the property will be distributed. The courts have held that monies contributed by a spouse for improvements in the family home do not amount to a contribution to its acquisition and unless there was an agreement to the contrary (either express or implied) such payments are ignored in determining a spouse’s beneficial interest.
- v Succession. It is usual for a clause to be inserted by the spouses renouncing their rights to inherit in each other’s estate.
By entering a separation agreement, you cannot apply to the courts for judicial separation. A separation agreement does not act as a bar to divorce proceedings in the future.
The information contained in this website is an overview and explanation of the general process. It is not to be taken as legal advice. Please consult Local Solicitor for legal advice. If you need to get involved in a process Local Solicitor is in your corner to help you through the process. You can contact Local Solicitor by telephoning 01 8438138.