Separation Agreements

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.