Clear legal support for families
parmjeet@sadlercross.co.uk
Parmjeet provides clear advice on separation agreements for couples who wish to live apart but are not yet ready to divorce or dissolve a civil partnership. She advises on recording financial, property and practical arrangements to provide clarity and certainty during the period of separation.
Her approach focuses on careful drafting and informed decision-making, ensuring any agreement accurately reflects each party’s position and is prepared in a way that gives it the best possible prospect of being upheld if later considered by a court.
If you are considering a trial separation or have personal reasons for not divorcing yet, you will receive practical guidance tailored to your individual circumstances.
It is strongly advisable. For a separation agreement to be fair and to carry weight if later considered by a court, both parties should have independent legal advice before signing.
If only one party has a solicitor, the other party may later argue that the agreement is unfair because they did not fully understand what they were agreeing to.
Yes, if both parties agree. A separation agreement can be varied or replaced with a new agreement setting out revised terms.
If one party wants to change it and the other refuses, the original agreement normally remains in place unless circumstances have changed so dramatically that it would be unfair to enforce it.
If you later divorce, the separation agreement will be considered by the court as evidence of what you agreed during separation, but the court is not bound by it.
The court must decide what financial settlement is fair at the time of the divorce, taking into account factors such as how long ago the agreement was made, whether circumstances have changed significantly, whether both parties received independent legal advice, and whether the agreement remains fair now.
The longer the gap between separation and divorce, the less weight the agreement is likely to carry, particularly if circumstances have changed.
A separation agreement can include provisions about where children will live and how much time they spend with each parent, as well as how decisions will be made about their upbringing.
However, these provisions are not legally binding. The court always has the power to make decisions about children based on what is in their best interests, regardless of what parents have agreed. If disputes arise, you may need to apply for a Child Arrangements Order.
Parmjeet delivers trusted family law advice with integrity, transparency, and expertise for every client.
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