Marriage Separation Agreement

Sometimes a married couple want to separate and reach agreement with regard to their children and finances without proceeding with a divorce. In these circumstances, a Separation Agreement might be appropriate.

In a Separation Agreement parties can set out exactly how they wish assets to be divided. They can record a full range of financial provisions including Orders in relation to property, payment of lump sums and maintenance for both spouses and children.

Pension Sharing Orders

The one issue that cannot be adequately dealt with in a Separation Agreement is a Pension Sharing Order. It would be possible for the Separation Agreement to deal with intentions in relation to pensions, but a pension share could not be effected without an Order from the Court.

Separation Agreements are not strictly binding upon a Court, but if both parties have had the benefit of legal advice and if certain key issues have been adequately addressed by the parties prior to signing the Agreement, it is most unlikely the Court would impose an Order materially different to the terms agreed.

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