A separation agreement is a written agreement used when a couple want to stop living together. The agreement can be used to decide a variety of topics including, who will pay the mortgage, living arrangements, division of property, any maintenance payments to be made and arrangements in relation to any children. It can help the parties by having a written agreement to ensure they both understand what has been agreed. It can be used to allow both parties some breathing space before commencing any court proceedings or potentially reconciling.
In any subsequent court proceedings, the agreement would be persuasive as to the parties intentions and the Judge may be reluctant to interfere if the terms are deemed to be fair and reasonable.
It is vital that legal advice is sought to ensure the agreement drawn up is a fair and legally robust contract between the parties. Especially if there is a failure of one of the parties to adhere to the terms and they are taken to court for breaching the agreement.
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