Preparation for Amicable Divorce: Separation Agreements

By: James Walsh

When one thinks of divorce, the first thing that comes to mind is the fees paid to the solicitor. But that is not the only expenditure. One has to spend a lot of time, during which office suffers while all other expenses rise. So it is only normal that with the rise in the number of divorces, legal instruments would be developed to cut short a divorce suit. A separation agreement is one such attempt on part of couples to reduce costs and have a better managed divorce.

What is a Separation Agreement?

It is a legally documented agreement drawn between the partners who wish to separate and have agreed on all terms and conditions of the divorce in writing. This means everything else is ready; all they have to do is finalise the divorce and get it over with. A separation agreement is obviously a very good way to save both time and money.

This can be drawn up only between couples who have agreed on all important aspects of their separation and have no differences regarding the same. Consequently, it is not applicable to couples who do not have the maturity to agree or are on incredibly bad terms or embroiled in criminal charges. However, its use is on the rise in the UK, and this is taken to be an encouraging sign. It must be noted here that a separation agreement comes into force after the decree nisi is granted but the decree absolute is not, i.e. one still has time to think and back out of the divorce if there is a sudden change of heart.

Why People Go For It?

A separation agreement is one of those documents that makes the thorny path of divorce much smoother and puts future perspectives into view with greater clarity and surety. This is a contract drawn up between a couple just prior to the consummation of their divorce (i.e. before the decree absolute is granted) and delineates the financial, lifestyle, assets and property-oriented decisions on which a mutual agreement has been reached and to which the couple will thereafter adhere. Since it contains all these disputable details and freezes them, there is no scope for fighting in the near or distant future or radically and arbitrarily changing any of these clauses for personal advantages. Legal counsellors all over the UK are urging couples to be aware of and utilise this beneficial law, and social researchers support this view with positive statistics.

A separation agreement is granted by the court, i.e. it is legally binding. This means that the partner who breaks any of the clauses stated in it will be punishable as a law-breaker.

Benefits of Separation Agreements

Separation agreements offer benefits along the following points:

• The agreement states how the couple wishes to divide their entire monetary assets including all investments and shares. So they cannot fight on these grounds or try to cheat each other. Pension benefits and claims are also cleared out at this stage.



• It states how they will resolve the ownership of their house and other property (if any). If the house is to be sold, it will state how the proceeds are to be shared. The same applies to any second property, inheritance or land that the couple may hold. So, there is no ground of dispute left over this either.



• It states how the other movable assets of the couple would be distributed, keeping in mind changing conditions such as remarriage, selling and maintenance costs. So there can be no tug of war with the computer, microwave or car.



• The separation agreement also states what the couple will be doing about their children, or leads to a separate agreement on this. So all those details of maintenance, visitation and custody must be mentioned here, and then adhered to in future no matter what the circumstance is. This has come as a blessing to countless single parents who can catch hold of their truant ex and demand the rightful maintenance amount.



• The couple may also note any other detail on which there may be a dispute in future or there is, according to any of them, a chance of such dispute happening.

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James Walsh is a freelance writer and copy editor. If you would like more information on how to get a quickie Divorce see www.quickie-divorce.com

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