The nature of this Agreement is that all terms are agreed between the parties. These include the family home, its contents, custody of the children, access to children, maintenance, inheritance rights and pension rights. This is generally drawn up with a view to the parties becoming divorced when they are eligible. It is a straight forward process and involves the two solicitors negotiating terms. Once all the terms are agreed the Agreement is committed to writing and prepared for signing by both parties. Parties should also consider attending mediation to attempt to agree terms of the separation as this is more cost-effective.
Separation Agreements are enforceable through contract law. Therefore, it is advisable that the Separation Agreement be made an Order of the Court as it is easier to enforce if one party breaches the Agreement.
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