Separation Rights and Negotiated Agreements

Cohabiting relationships – marriage, civil partnership, cohabitation - create various legal rights and obligations for the individuals involved.

When these relationships break down, disputes can arise about how these rights and obligations are to be settled. The most commonly disputed issues relate to property, money and to children of the relationship. Where agreement cannot be reached, the only way to resolve matters is by court proceedings. Most couples, however, do not require to resort to court action and manage through mediation, collaboration or negotiation to settle their obligations to each other by agreement.

Q: What is a Separation Agreement?

A: Separation Agreement is a formal written record of their agreement and is a legally binding contract between the parties. Ideally, the Agreement will settle not only the immediate issues between the parties but will terminate all rights and obligations particularly those which arise on divorce or in the event of death. (There may be on-going obligations where there is an agreement to pay aliment (maintenance) to the other party or for children of the relationship.) The benefit of a Separation Agreement is that the parties have certainty about their financial position and arrangements for any children and are able to plan more effectively for the future.

By drawing a line under the legal relationship between the parties, a divorce or dissolution at a later date, can be relatively simple, inexpensive and stress free.

Q: When does separation take place?

A: Separation takes place when a couple cease to live together as if they were husband and wife. Sometimes it can be difficult to say whether or not a couple are separated and this will depend upon quite a number of factors and not just whether or not there is an on-going sexual relationship. Couples can be separated even though they continue to live in the same house.