Free Separation Agreement

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England
Built for England
Different countries have different rules and regulations. Your Separation Agreement will be customised for England.


Frequently Asked Questions

Why have a Separation Agreement?The Separation Agreement is ideal for couples who intend to stop living together but are not ready to apply or raise an action for divorce.

The purpose of the Separation Agreement is to formalise the agreement between you and your spouse concerning the division of property and debts as well as the details of residence, contact arrangements and maintenance for any minor children of the relationship.

Often couples can not afford to wait for a divorce to make it through the courts to divide their property. Deciding who gets the car, and whether to sell the house, are often critical to the livelihoods of all involved. LawDepot's Separation Agreement will allow you to deal with these issues quickly and easily.


Your Separation Agreement

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SEPARATION AGREEMENT

THIS SEPARATION AGREEMENT (the "Agreement") dated this _____ of  _____________, _______.  

BETWEEN:

__________
of __________, __________,
__________, England

OF THE FIRST PART

-and-

__________
of __________, __________,
__________, England

OF THE SECOND PART

BACKGROUND:

  1. __________ and __________ (individually the "Party" and collectively the "Parties") were lawfully married on 17 January 2017, at __________, County of __________, England. Due to certain differences that have developed between the Parties, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement.
  2. The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.
  3. The terms of this Agreement are intended to settle the matters addressed below and may be incorporated into a final decree of divorce, except to the extent that specific matters are amended or addressed in a subsequent separation agreement.
  4. The Parties have each consulted a solicitor and have had the benefit of separate and independent legal advice with regards to his or her legal rights arising out of the marital relationship and the terms of this Agreement.
  5. The Parties have each voluntarily entered into this Agreement and have not been forced by anyone to sign this Agreement, and both of the Parties confirm that they have the capacity to enter into this Agreement.
  6. The Parties confirm that the terms of settlement agreement are fair and reasonable as at the date of execution of the Agreement.


IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

  1. LIVING SEPARATELY
  2. The Parties will, from the date of execution of this Agreement, live separate and apart from each other, as fully and completely as though they had never been married. Neither Party will attend the other's home or work without invitation or approval.
  3. CHILDREN
  4. There are no children of the marriage. Furthermore, neither party is pregnant and the Parties have not adopted any children.
  5. SPOUSAL MAINTENANCE
  6. Neither Party claims entitlement to spousal maintenance at this time. Both Parties waive any claim to spousal maintenance during the separation, regardless of the length of the period of separation.
  7. INCOME
  8. Total annual employment income for __________ is: £0.00 GBP. __________ has no other source of income.
  9. Total annual employment income for __________ is £0.00 GBP. __________ has no other source of income.
  10. DIVISION OF PROPERTY
  11. The Parties acknowledge that they have agreed upon a division of all property, owned or possessed by them as matrimonial property or separate property. The Parties are in possession of all of those properties to which he or she is respectively entitled. Accordingly, neither makes any claim to any property or properties in the possession of the other.
  12. DEBTS
  13. The Parties agree that any indebtedness secured against, or attributable to, any item of property that either Party is receiving under this Agreement will be the sole responsibility of the Party receiving the particular property. This section does not apply to any debts or mortgage relating to the Matrimonial Home.
  14. Neither Party will incur any further debt or liability on the other Party's credit. Any debt accumulated after the date of this Agreement is the debt of the individual Party, regardless if the debt was incurred as a result of joint credit.
  15. ADDITIONAL CLAUSE
  16. ______________________________________________________________________
    ______________________________________________________________________
    ______________________________________________________________________
    ______________________________________________________________________
    ______________________________________________________________________.
  17. GENERAL PROVISIONS
  18. The Parties will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
  19. This Agreement contains the entire agreement between the Parties about their relationship with each other. Except as provided elsewhere in this Agreement, this Agreement replaces any earlier written or oral agreement between the Parties.
  20. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such finding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise removed only to the extent required for purposes of validity and enforcement in the jurisdiction of such finding.
  21. The Parties may only amend this Agreement in writing after both Parties have obtained separate and independent legal advice on the changes.
  22. In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation, prior to initiating a court action.
  23. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
  24. The Parties agree to provide and execute such further documentation as may be reasonably required in the future in order to continue to give full force and effect to the terms of this Agreement.
  25. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
  26. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Parties, their respective heirs, executors, administrators, and assignees.
  27. The terms of this Agreement will remain in effect until:
    1. the Parties terminate this Agreement in writing and validly execute the termination; or
    2. the Parties resume marital relations for a period of 90 days or more.

  28. The laws of England will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.

IN WITNESS WHEREOF the Parties have signed this agreement the day and year first above written.


SIGNED as a DEED by __________
In the presence of:

Witness: ______________________ (Sign)

   

__________________________________

Witness Name: ______________________

   

__________ (First Party)

Address: ___________________________

     

___________________________________

     


SIGNED as a DEED by __________
In the presence of:

Witness: ______________________ (Sign)

   

__________________________________

Witness Name: ______________________

   

__________ (Second Party)

Address: ___________________________

     

___________________________________

     
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