Free Separation Agreement

Free Separation Agreement

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Separation Agreement

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Frequently Asked Questions
What is a Separation Agreement?A Separation Agreement is a legally binding contract setting out each party's rights and obligations to the other. If agreement can be reached reasonably quickly between the parties and a Separation Agreement is drawn up, it is cheaper and less stressful than going through a court case. Many couples formalise their separation in this way.

The main issues dealt with in a Separation Agreement are as follows:
  • An agreement to live apart
  • Agreed arrangements in relation to custody and access to children
  • The occupation and ownership of the family/shared home and any other property
  • Maintenance and any lump sum payments
  • Indemnity from the debts of the other spouse/civil partner
  • Property division
This Separation Agreement is intended for married spouses or civil partners who can agree on the terms of their separation and accept such a settlement. The essence of a Separation Agreement is that it is an agreement. Both parties must consent to the terms of the agreement.When the document has been drawn up and signed by both parties it becomes a legally binding written contract. It is also called a Deed of Separation. It is an alternative to a judicial separation.

A Separation Agreement can later be made into a rule of court by application to the courts if you need to enforce under specific legislation.


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 23 October 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. SUCCESSION RIGHTS
  16. Upon the death of __________, __________ waives, releases, discharges, quitclaims and renounces every and all rights, whether at common law, in equity, or by statute, or any testamentary writing or will, to share in the estate of __________
  17. Upon the death of __________, __________ waives, releases, discharges, quitclaims and renounces every and all rights, whether at common law, in equity, or by statute, or any testamentary writing or will, to share in the estate of __________
  18. GENERAL PROVISIONS
  19. The Parties will promptly sign and give to the other all documents necessary to give effect to the terms of this Agreement.
  20. 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.
  21. 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.
  22. The Parties may only amend this Agreement in writing after both Parties have obtained separate and independent legal advice on the changes.
  23. 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.
  24. 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.
  25. 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.
  26. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
  27. 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.
  28. 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.
  29. 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: ___________________________

     

___________________________________

     

Separation Agreement

Other Names:

A Separation Agreement is also known as:

  • Trial Separation Agreement
  • Marital Separation Document
  • Legal Separation Agreement

What is a Separation Agreement?

A Separation Agreement is used to document the decisions made regarding the division of assets, debts, and responsibilities when a married couple are preparing to temporarily or permanently end their relationship.

When should I use a Separation Agreement?

You should consider using a Separation Agreement in the following situations:

  • If you are getting divorced or ending a civil partnership
  • If you are entering a trial separation where you will not be living with your spouse, but want to remain married to them
  • If you are permanently separating from your spouse, but wish to remain legally married

A Separation Agreement may be submitted during divorce proceedings to provide an agreed upon settlement that can help to simplify the legal process.

What should I include in a Separation Agreement?

A Separation Agreement can be used when a couple who wants to separate wishes to formally divide their responsibilities in regards to items such as:

Spousal maintenance payments: If one spouse is going to make support payments to the other.

Child custody and visitation schedules: Which parent any dependent children will primarily live with, and the expected schedule for visits with the other parent.

Child maintenance payments: If one spouse is going to provide financial support for any dependent children.

Health insurance coverage for children: Which parent (or both, if applicable) will be responsible for providing health and dental insurance for any dependent children.

Possession or sale of the matrimonial home: Whether or not one spouse will keep possession of the home which was occupied by both spouses at the time of the separation, or if the home will be sold and the money divided between both spouses.

Division of physical assets including items to be sold for cash: Each spouse can choose to have a list of specific items they will keep upon separating, and a combined list of items to be sold for cash which will be divided evenly between them.

Division of outstanding debts: Spouses must decide who will take responsibility for all existing debts including credit cards, loans, and lines of credit.

Why should I use a Separation Agreement?

Using a Separation Agreement to document the division of your assets and debts, the custody and care of your dependent children, and the final status of your matrimonial home can help to protect your personal interests and reduce conflict during a difficult time.

Forms related to a Separation Agreement:

  • Last Will and Testament: a legal document that gives instructions concerning the distribution of your estate after you are deceased
  • Health Care Directive: a legal document that expresses your wishes concerning personal medical treatment decisions
  • Child Travel Consent: a form that grants parental permission for a child to travel with a designated companion, or on their own

Frequently Asked Questions:

Separation Agreement FAQ
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