Financial Disputes between Unmarried Couples

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We are here to support you & your family. Get in touch today to discuss your circumstances in more detail. Separation Agreements are also useful for married couples who do not feel ready to go through the divorce process, but who wish to record their financial settlement in a legal document.

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Family Law

Financial Disputes between Unmarried Couples

For unmarried couples who wish to separate, we can advise you on the legal implications of your separation and how best to resolve financial matters. This is a specialist area of law and we strongly suggest you seek legal advice before agreeing a financial settlement with the other party. Court proceedings for separating unmarried couples can be extremely drawn out and costly. We will therefore do our utmost to assist you in reaching an agreement, whilst negotiating robustly on your behalf, for an agreement that results in the best possible outcome for you. Such agreements are often recorded in a Separation Agreement and we can also draft this for you.

Separation Agreements

For unmarried couples wishing to separate, it is worthwhile considering whether to record any agreement reached over the division of assets and arrangements for any children into a Separation Agreement.

A Separation Agreement is also known as a Deed of Separation. It records who is to have what and what the parties’ responsibilities are. It can be particularly useful where one party intends to remain in jointly owned property for some time after the other party has moved out.In some cases, a Declaration of Trust is also advisable.

Before negotiating the terms of a Separation Agreement, each party should produce full and frank financial disclosure, showing documentary evidence of their financial circumstances. 

The terms of a Separation Agreement may be agreed:

  • Directly between the two of you;
  • At mediation; or
  • Via solicitors.

What is involved in a Separation Agreement?

On receipt of instructions from a client wishing for a Separation Agreement, your lawyer will draft a formal agreement.

The Separation Agreement includes such information as age, employment and accommodation. It will also have details about you and your partner, where you intend to live, how you intend to split your monies and who will have control of the sale of any property. It may also dictate who will pay for what and have information relating to the arrangements for any children.

Is a Separation Agreement legally binding?

An agreement of this kind is not a court order, but it is evidence of the parties’ intentions and will be taken into account by the court in later proceedings if it is clear from the document that both parties had the opportunity to seek legal advice, each made full and frank financial disclosure to the other and the parties intended to be legally bound by it.

Family Law Matters

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