A separation agreement covers your respective rights and obligations, including financial agreement, children arrangements, and any other matter you wish to include in your settlement. It can be agreed between people who were previously cohabitating and now live apart.
What to include in a separation agreement
Parenting
If children are involved, this becomes a significant part of the agreement. It is not uncommon to have disagreements about co-parenting, and it is important to handle them with care. It is important to respect and consider both parents and children when dealing with sensitive topics, even if it requires extensive discussion.
With my assistance and mediation, you can reach a mutual agreement on all aspects of co-parenting, such as your child’s place of residence, education, visitation schedule, child maintenance, health, and so on. For more information, please refer to the Parenting Plan.
Home
The agreement will determine the details of how you wish to deal with the property.
In mediation we will consider where you will each live, in particular:
- If you rent, what will happen to your tenancy agreement.
- If you are the owner of a home and you plan to sell it, we will consider how you will distribute the proceeds from the sale. You will determine how much each of you will receive. You will specify when and how payments will be made, whether it will be in a lump sum or in instalments.
- If affording to move out is not feasible, we will consider how both of you can continue living in the property. What actions can each of you take to make it easier for the other and other practicalities.
- Some couples opt for a short-term and long-term agreement to suit their needs; will you do it all at once or in stages?
- Any other matters relevant in your circumstances.
Savings, investments, and shares owned jointly
If you have joint savings or investments we can discuss how to divide them and include your arrangement in your separation agreement.
Debts
Your legal responsibility for repaying a debt in your name is solely yours. If the debt is in both names, both borrowers are equally responsible. During mediation, our aim is to achieve fair outcomes for both parties. If you and your partner have jointly accumulated a debt that is in one person’s name, it is reasonable to agree to repay it together. We can create a repayment plan that is fair to both of you and incorporate it into your separation agreement.
Valuables and contents of the house
If you have been living together for a long time, it may not seem fair or even possible to divide things based on individual contributions. You may discuss those matters during mediation. We will explore fair solutions, and your separation agreement will include arrangements for the valuables and contents of the house.
Next steps
- Once your agreement is ready, I will draft your separation agreement and send it to you.
- I will suggest that you should seek legal advice from a family solicitor specialising in cohabitation to check if your arrangements are fair.
- When you are satisfied that you can enter into your agreement you may sign it.
- At that point you can apply to the court to convert your agreement into a consent order and make it legally binding. This step is necessary if you have made arrangements concerning property or money.
Cost of separation agreement
My fee for the preparation of a Separation Agreement starts at £520 per person. This calculation is based on a financial agreement only with a standard financial disclosure, and includes two 1-hour mediation sessions, with the following breakdown:
- The initial document drafted before the first session £130 per person
- Two mediation sessions of 1 hour at £130 = £260 per person
- Separation Agreement £130 per person
The above calculation does not include session summaries (optional) or a parenting plan, which are additional. Costs for these are here.
What are the benefits of making a separation agreement?
It is never easy to go through a separation, regardless of the circumstances. When there is a lot to resolve, a separation agreement can often be the best option. It assists you in navigating the situation to ensure that arrangements are fair and reasonable. Mediating a separation agreement is less stressful and more cost-effective than going to court. I will guide you through the process, and we can work together flexibly.
I need a separation agreement
To start working on your separation agreement follow this simple process.
- Book an obligation-free initial consultation with me here.
- Complete your MIAM
- I will invite the other participant to complete their MIAM
- If mediation is not suitable, I will issue the applicable court certificates
- If mediation is suitable, we can start working on your separation agreement