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Separation Agreements

Providing Information on Separation Agreements in Taunton

Taunton Solicitors provides separation agreement services in Taunton and Somerset. If you’re considering separating from your partner, questions about property, finances, and living arrangements can quickly become overwhelming. A well-drafted separation agreement offers peace of mind and clarity, helping Taunton couples protect their assets and plan their next steps. But what exactly is a separation agreement, and why is it so important, especially for residents in Somerset? This guide explains everything you need to know, from preparation to finalising an agreement, and how we can guide you through every stage of the process.

What Is a Separation Agreement and Why Is It Useful?

A separation agreement (sometimes called a deed of separation in Somerset), although not legally binding in its own right, can be legally-recognised, if it is drawn up correctly.  A separation agreement is a contract between two partners who choose to live apart and so can be challenged in a court in the same way as any other contract. Unlike divorce, it does not end the marriage or civil partnership, but it does create a clear record of the couple’s wishes regarding shared assets, property, debts, child or spousal support, and living arrangements.

A separation agreement can often be made into a consent order later in the divorce process, by applying to the court and so making it legally binding.

The benefits of a legally sound separation agreement in Taunton include:

  • Asset protection: Ensure that property, finances, and personal possessions are divided fairly, reducing the risk of future disputes.
  • Certainty and structure: Establish who will pay the mortgage, how bills will be managed, and what will happen to the family home.
  • Legal clarity: A deed of separation provides a written record that can be referred to if misunderstandings arise later.
  • Flexibility: Allows couples in Taunton or Somerset to agree on arrangements without having to formally divorce right away.
  • Children’s best interests: Establishes arrangements for living costs, child maintenance, and daily routines in writing.

How Should I Prepare for a Separation Agreement?

Solid preparation makes the process much smoother and protects both parties’ interests.  In addition, there ought to be full and frank financial disclosure between the parties.  You therefore ought to consider and gather together, where appropriate, the following:

  • Details of all shared and personal assets (including property, savings, pensions, and investments).
  • Details of your joint and individual debts so nothing is overlooked.
  • Think about living arrangements, such as who will stay in the family home or if it will be sold.
  • Prepare recent financial statements and mortgage documents.
  • Consider child arrangements, if applicable, including living costs, schooling, and parental access.
  • List any ongoing commitments, such as car loans, household bills, or credit cards.
  • Seek independent legal advice for both parties to avoid conflicts of interest and to ensure the agreement is robust and fair.

Thorough preparation gives your solicitor the information they need to draft a separation agreement tailored to your circumstances.

How to Submit a Formal Application for Divorce

Having a deed of separation in Somerset can simplify many aspects of the divorce process, especially around the division of assets and financial obligations.  If you later decide to move from a legal separation in Taunton to a formal divorce, there are a few steps you’ll need to follow. The application process involves:

  • Ideally a consultation with a family solicitor to assess your eligibility and readiness.
  • Completion of the divorce application form (attaching your marriage certificate).
  • Paying the court fee (unless you qualify for a fee waiver).
  • Serving notice to your spouse, ensuring they acknowledge receipt of the divorce paperwork.
  • Await court acknowledgment and directions for the next steps.

What Is a Conditional Order?

A conditional order (formerly known as a decree nisi) is a critical milestone in divorce proceedings. Once the court reviews your application and is satisfied that the divorce can proceed, it will issue this order. It does not end your marriage but indicates that the court sees no reason why you can’t legally divorce. This stage gives both parties time to resolve any outstanding issues, such as property sales or finalising financial settlements, often based on what was agreed in your separation agreement.

What Is a Final Order?

The final order (previously decree absolute) is the last step in the legal separation or divorce process. When this order is made, your marriage is legally ended.  Any agreements made in a separation deed can be converted into a financial order and, once approved by the court, will be legally binding. Only after the final order is granted are both parties free to remarry.

How Long Does the Process Take?

Processing times can vary, but a typical separation agreement in Taunton can be completed within a few weeks, provided both parties cooperate and respond promptly. If you proceed to divorce:

  • From application to conditional order: Around 20-22 weeks.
  • From conditional to final order: At least 6 weeks and 1 day after the conditional order (roughly 6-8 months overall).
  • Factors impacting timing include the complexity of assets, the need for negotiation, children’s arrangements, and how promptly each party provides information.

How Can Taunton Solicitors Help?

Working with a specialist separation agreement solicitor ensures your rights and interests are protected throughout. The experienced team at Taunton Solicitors offers:

  • Clear, tailored advice on legal separation in Taunton, including property rights and interim maintenance.
  • Drafting and negotiation of robust, fair, and legally binding separation agreements.
  • Independent legal advice for each party, reducing the risk of future challenges.
  • Support with mediation or dispute resolution if you cannot reach an agreement initially.
  • Preparation for future divorce, streamlining the transition if you decide to proceed.
  • Ongoing guidance as your circumstances change, ensuring your agreement remains up to date.
  • Upfront, transparent costs so you aren’t surprised.

You can also request a review of agreements drafted elsewhere or consult with us if you’re considering a “trial separation” and want legal certainty from the start.

Take the Next Step Towards Certainty and Peace of Mind

Separation is never easy, but a carefully structured agreement can make the process significantly less stressful for everyone involved. Taunton Solicitors is committed to supporting our local community in Somerset by ensuring that couples navigating separation or divorce can do so with confidence and clarity. If you’re considering a separation agreement in Taunton to protect your assets, set out clear expectations, or simply want to explore your options for “divorce without divorce,” reach out to our team of specialists for confidential, expert advice today. Contact us today for a consultation.

Please contact us to make an appointment

Email: [email protected]

Telephone: 01823 351122