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Deed Of Separation

Even though your marriage may have irretrievably broken down, you may decide not to start divorce proceedings straight away but still wish to formalise your separation.

Separation Agreement

A Deed of Separation or Separation Agreement is a legally binding contract that is agreed upon between a divorcing/separating couple, outlining each party’s rights and duties to the other and any arrangements in regard to:

  • Living apart
  • Who will reside in the family or shared home including ownership rights
  • Access and custody of any children
  • Maintenance and any lump sum payments
  • Guarantees for the debts of the other person/spouse/partner
  • Any succession rights
  • Tax matters

When used with respect to finances, a Deed of Separation is effectively a “holding agreement” pending a Court order being made within the divorce that deals with the finances once and for all.

A divorce court will usually follow the terms of a Separation Agreement when dealing with the finances provided that the Deed has met certain conditions including the condition that the financial settlement set out in the Deed falls within the parameters of a reasonable financial settlement.

This means drawing up a Deed of Separation having complied with the conditions that need to be met so that the divorce court will be willing to follow the terms of the settlement as set out in the Deed.

One of those conditions is that each side should have their own independent legal advice or the opportunity of their own independent legal advice. This means that Tollers Family law team cannot act for both parties when a relationship breaks down and a Deed is required. This is the case even if every term of the settlement is agreed.

Talk to Tollers

We will often meet with our clients under our initial fixed fee arrangement. They are given the necessary advice and confidence to go off and sit down and hammer out an agreement with their former partner. Having reached that agreement, we become involved again but only to the extent of drafting up the terms of the Deed of Separation and ensuring that the above mentioned conditions are met. For  further advice regarding a Deed of Separation or Separation Agreement, get in touch with our team of expert solicitors today.

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Our Deed Of Separation Experts

Sarah-Jane Webbe
Senior Associate
Family Law Solicitor Stevenage - Sarah-Jane qualified as a solicitor in 1999 at a high street practice in London. She specialised in family law from the outset...
Sheena Patel
Solicitor
Sheena joined the Family Department of Tollers as a solicitor in December 2019. Prior to joining the firm, she worked at a local family law firm...
Deborah Atkins
Director
Deborah joined Tollers as a Director in August 2019. She qualified as a Solicitor in 1995 and has specialised in Family matters ever since...
Sally Smith
Equity Partner/Family Mediator
Since qualifying Sally has specialised exclusively in the field of family law...
Natalie La Forte-Brown
Solicitor
Natalie qualified in to the Family Department in 2018 having commenced her Training Contract at the firm in 2016...
Katie Herrod
Partner
Katie qualified as a solicitor in 1997 and has been a part of Tollers family department for over 20 years. Katie is a specialist family lawyer with extensive knowledge...
Sarah-Jane Webbe
Senior Associate
Sheena Patel
Solicitor
Deborah Atkins
Director
Sally Smith
Equity Partner/Family Mediator
Natalie La Forte-Brown
Solicitor
Katie Herrod
Partner
Meet the Full Family Law Team

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