We understand not all separating couples wish to start formal proceedings for the dissolution of their marriage or civil partnership. If you are undecided about the status of your relationship and want to try a temporary period apart or wish to delay divorce proceedings for some other reason, it may be in your interest to sign a Separation Agreement.
At Taylor Emmet, our specialist Separation Agreement Solicitors and Lawyers can guide you through the complete process of setting up and negotiating a Separation Agreement, highlighting areas you need to consider, explaining what the document can or should include and helping you decide on its contents. We are here to ensure that you receive advice carefully tailored to your circumstances.
How our Separation Agreement Solicitors can help you
You may be undecided about the status of your relationship and wish to try a temporary period apart.
Our expertise with Separation Agreements
We understand that discussing a potential separation can be very distressing and overwhelming. Our team is here to ensure that you receive the highest standard of support tailored to your needs and priorities.
Our Family Law team have been recognised by the Legal 500 as one of the leading family firms within the Sheffield City Region and beyond, highlighting our expertise.
Head of Family Law Michaela Evans is also trained in Resolution Together and Collaboration, allowing her to work jointly with couples who are separating or divorcing. helping them resolve disputes fairly and amicably without lengthy legal battles.
How our Separation Agreement Solicitors and Lawyers can help you
Reviewing your circumstances and drafting a Separation Agreement
Negotiating a Separation Agreement can be difficult, even if you are unsure whether you intend to divorce. As such, you must have all the information you need to make informed decisions about what you should include in a Separation Agreement.
Our Separation Agreement Solicitors and Lawyers will work closely with you to review your current circumstances, ensure that the document is comprehensive and accurate, and protect your position legally.
We will carefully assess the various practical matters that must be taken care of, such as what will happen to your finances and what arrangements you need to make for your children, ensuring that the Separation Agreement protects your best interests.
Advice before signing a Separation Agreement
If your partner has taken the lead on creating a Separation Agreement, it is extremely important that you carefully review the terms they are presenting to you.
Our Separation Agreement Solicitors and Lawyers can review the details with you, advise you on the potential implications of signing the document, and, where necessary, support you in negotiations with your partner and their legal representative.
Initiating divorce after a Separation Agreement
If you later decide to end your relationship legally after creating a Separation Agreement, we can help you take the necessary steps to apply for a divorce or civil partnership dissolution.
For more information on this, please visit our divorce page.
Frequently asked questions about Separation Agreements
What is a Separation Agreement?
What is a Separation Agreement?
A Separation Agreement is a legal document confirming practical arrangements you have made following a break-up. It can be prepared for couples who are married, cohabiting or in a civil partnership and is designed to give you peace of mind.
A Separation Agreement can help you set out officially how bills will be paid, for example, and who will care for your children following separation.
The formal agreement is signed by both parties in front of witnesses and can be produced as evidence in any future court dispute.
When should you use a Separation Agreement?
When should you use a Separation Agreement?
We appreciate that it is difficult to know when it might be appropriate to consider creating a Separation Agreement. Generally, Separation Agreements are beneficial in situations where you are aware that your relationship is not working or you are experiencing significant difficulties but are not sure you are ready to divorce. A Separation Agreement may also be helpful for separating cohabitees who wish to formalise their agreement to avoid the risk of future confusion or disputes.
If you are sure that a divorce or civil partnership dissolution is the right solution, a Separation Agreement could prove to be a useful stopgap as the court process is quite slow. At the same time, you can consider various issues, such as what you will do with your property and what arrangements you need to make for your children.
What can be covered by a Separation Agreement?
What can be covered by a Separation Agreement?
The exact contents included in a Separation Agreement will differ from couple to couple. They are bespoke documents, meaning you can make any provisions you and your partner agree to.
Typically, Separation Agreements cover the following:
Your assets (pre-marital and joint) and how they will be split
What happens to shared property
How payments relating to children will be organised
How debts will be handled
What practical arrangements need to be made for children
Is a Separation Agreement legally binding?
Is a Separation Agreement legally binding?
No, Separation Agreements are not technically legally binding in their own right. They are not court orders, and the courts are not involved in their creation. However, if they have been properly and carefully prepared, they provide good evidence of what was agreed in the event of any later dispute in court. It is certainly better to have one than not.
The terms of a Separation Agreement can usually be converted into a legally binding consent order during the divorce process.
Do the terms of a Separation Agreement carry over to a divorce?
Do the terms of a Separation Agreement carry over to a divorce?
Separation Agreements are distinct from agreements made during divorce or dissolution proceedings. The Agreements will normally form the basis for an application for a locally binding court order within the divorce or dissolution proceedings. If correctly drafted, the terms of a Separation Agreement are likely to be considered by the courts and upheld, if they become involved in a case, but there is no absolute certainty.
How much does a Separation Agreement cost?
How much does a Separation Agreement cost?
The exact cost of creating a Separation Agreement will depend on your requirements and how complex the arrangements included in the document are likely to be.
Once our specialist Separation Agreement Solicitors and Lawyers better understand your case and the level of support you require, our team will be able to advise you further on the likely costs.
How do you get a Separation Agreement?
How do you get a Separation Agreement?
If you want to ensure that a Separation Agreement will have sufficient standing and can be used as a template for a future Consent Order, you must work with a specialist in Family Law. Our Separation Agreement Solicitors and Lawyers can draft a Separation Agreement on your behalf, taking the time to gather all the relevant information and advise you on the potential consequences of said agreement.
While it is technically possible to create a ‘DIY’ Separation Agreement, this is not advised, as the courts will be unlikely to consider it if a dispute or complications arise.
Can a Separation Agreement be contested?
Can a Separation Agreement be contested?
If either you or your partner wish to contest the terms of a Separation Agreement, the court can intervene. This can be a complex process, so it’s important to understand when there are likely to be reasonable grounds to contest the terms of a Separation Agreement and what will happen next if this is the case.
Can you change the terms of a Separation Agreement?
Can you change the terms of a Separation Agreement?
You can change the terms of a Separation Agreement, but only if both parties are happy to do so. If you have any concerns about the terms of an existing Separation Agreement, it is sensible to speak to your partner to improve your chances of coming to an amicable agreement over the required changes.
We have Family Law Solicitors near you
If you are interested in understanding how Taylor Emmet can help you with your family law issues then please contact us.
Life isn't straightforward, and we know that things don't always go to plan. But when they don't, it's important to have agreements and plans to negate the need for court action, especially regarding your family.
Securing your financial future following a divorce or civil partnership dissolution will understandably be one of your top priorities. We know that this can be a daunting prospect, which is why we are here to support you in negotiating a financial settlement that protects your current and future interests.
Our Family Law Solicitors and lawyers are experienced in supporting clients from a diverse range of backgrounds, including high-net worth individuals who require advice on their financial rights and responsibilities.
Where required, our Family Law Solicitors and Lawyers at Taylor Emmet can also work in tandem with our Property, Trusts and Corporate specialists to offer a comprehensive service to make sure that every detail has been accounted for.
Divorce and Civil Partnership
No matter the circumstances, a divorce or civil partnership dissolution is always like to be a difficult time, with a range of emotional and practical challenges to overcome. While the process of obtaining a divorce has been streamlined with the introduction of The Divorce, Dissolution and Separation Act, it is still vital that you have an expert on your side to help you navigate the process with confidence and to ensure your financial security is not put at risk.
Our expertise ensures that we can advise you on every aspect of your divorce or civil partnership dissolution, from the formal application process through to additional arrangements for your finances and children.
Pre and Post-Nuptial Agreements
Pre- and post-nuptial agreements may not seem like the most romantic notion on the surface. Equally, many people may believe that such an agreement is only accessible for the rich and famous. This is far from the case.
Pre- and post-nuptial agreements have grown in popularity in the UK, and for good reason. For many couples, these types of agreements can be a highly effective way of determining how assets will be handled during a future separation, reducing the potential for disruptive and costly disputes.
Our Family Law Solicitors and Lawyers can provide bespoke advice in relation to pre- and post-nuptial agreements, helping you to consider what should be included, or respond to any documents that have been sent by your partner.
Child Arrangements
Making arrangements for your children in the wake of divorce or separation is extremely important. While in many cases couples are able to come to a voluntary agreement, there may be situations in which an application to court is required.
Our team will work alongside you to establish what arrangements are best suited to you and your children, ensuring that you have the support you to achieve a resolution, including in situations where a court order will be required.
Cohabitation Disputes
Despite popular belief, cohabiting couples do not have the same rights as married couples or civil partners. This can have a range of potential consequences, particularly in the event of a future separation.
Cohabitees have minimal protection during separation, so it is vital that you understand exactly where you stand and what your options are if you find yourself in a cohabitation dispute with your former partner.
Our Family Law specialists can advise you on your position and responsibilities, as well as guiding you through the necessary steps to take to protect both yourself and your children.
Collaborative Law
The Collaborative law process is a method of dispute resolution that can act as a viable alternative to court proceedings during divorce and separation. During collaborative law, both parties appoint a Solicitor who is specially trained to support them during round table meetings, agreeing on the practical details of the separation.
You can arrange an initial meeting with our collaborative lawyer Michaela where she can take a closer look at your circumstances and determine whether it is a suitable process for your separation.
Resolution Together – 1 Lawyer, 2 Clients
Resolution Together is a new initiative designed to allow a single Family Law Solicitor or Lawyer to work alongside a couple jointly, as opposed to one individual, during a divorce or separation.
This method of resolution is likely to be ideal for a wide range of separating couples, including those that intend to make a joint application for divorce.
Taylor Emmet is currently one of a small number of firms in Yorkshire that offer the Resolution Together service.
Domestic Abuse
In every instance, your safety, and that of your family, is paramount. Our empathetic Family Law Solicitors and Lawyers have substantial experience and, with members of our team Resolution specialists in handling cases of domestic abuse - we understand the impact domestic abuse can have on the health of you and your family.
We will handle your case with sensitivity and tact, guiding you through all of the legal options that are available to you, including applying to the court for orders under the Family Law Act 1996. We have a legal aid contract, which means we are able to offer legal aid for anyone eligible.
Separation Agreements
There are many reasons why formal proceedings won’t be the right option for couples who intend to separate. Whether it’s because you are undecided about the current status of your relationship, or you simply wish to try a temporary period apart from one another, it is sensible to consider the alternative options that are available – such as a separation agreement.
Separation agreements are legal documents which couples can prepare, confirming the practical arrangements they have made following a separation. They can be used by married couples, civil partners, and cohabitees.
Child Support
Our Family Law Solicitors and Lawyers can help ensure that you are able to find a solution that provides the right level of financial support for your children now and in the future.
We understand how sensitive matters involving your children are likely to be. As such, we are committed to promoting an amicable approach to resolving any disputes that may arise surrounding child support, avoiding lengthy legal battles wherever possible. That said, if court proceedings are required to find a solution, you can be certain that you will receive robust representation and diligent legal advice.
Frequently asked questions about Family Law
What is family law?
When we talk about ‘family law’, we are typically discussing any legal matters that are related to family relationships. This could involve marriages, civil partnerships, cohabitation, parents and children, and the individual arrangements that are made in relation to these relationships.
Family law can also cover various other matters, such as change of name and domestic violence.
What does a Family Solicitor or Lawyer do?
Family Solicitors and Lawyers play a vital role in helping individuals, couples and families to navigate the various hurdles they may be confronted with when dealing with a legal matter.
Exactly what role a Family Solicitor or Lawyer will play will vary from case to case. In addition to providing legal advice that confirms someone’s rights, responsibilities and options, a Family Solicitor can also help parties in dispute to work towards a fair and just resolutions, as well as providing representation during court proceedings.
How much does a Family Solicitor cost?
The fees you may be expected to pay for family law services from a specialist Solicitor or Lawyer will vary from case to case and will depend on a wide range of factors. Once we have a clearer understanding of what your case involves and the level of support you require, our team will be able to advise you further on what the likely costs will be. Legal aid may also be available in certain circumstances, depending on your eligibility.
How can we avoid going to court?
There are a number of methods of dispute resolution which can all be used to help avoid the prospect of having to head to court.
At Taylor Emmet, we are the only firm in Sheffield to offer the full range of options, meaning we are well positioned to help you find a solution to your matter while keeping conflict to a minimu.
Our expertise includes Collaborative Law and Resolution Together, all of which our team can advise you on in detail.
Is it better to have a Solicitor in the family court?
There may be a situations whenre it is necessary to take a case to the family court in order to achieve an outcome that is in theyour best interests of you andand those of your children. In every case, it will always be more beneficial to have a dedicated Family Law Solicitor or Lawyer on your side, who will be able to understand the intricacies of your case and the legal processes involved, significantly increasing your chances of achieving a positive outcome.
