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Seperation Agreement

  • WIGIG
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30 Sep 16 #484201 by WIGIG
Topic started by WIGIG
Hi,
i want to draw up a Separation Agreement for me & stbx

Does anyone know where i can get a template, that i can adapt as a start point?

Thanks

  • LittleMrMike
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30 Sep 16 #484207 by LittleMrMike
Reply from LittleMrMike
You mention your . stbx ' which suggests to me that divorce is being actively considered.

I'm not a fan of Separation Agreements, and my reasons are :

1. Although such agreements can be enforceable, the Courts have laid down certain conditions which need to be satisfied if the agreement is to be legally valid.

2. One of these is that both parties must make a full financial disclosure.

3. Another is that both parties have access to independent legal advice.

4. Why do you want a Separation Agreement anyway ?

5. It can certainly be useful if the parties have a religious objection to divorce ( which can sometimes happen ) or if the parties are
thinking in terms of a trial separation.. Sometimes a Separation Agreement can be easily used as the basis for a Consent Order on a subsequent divorce. But if you're thinking of do-it-yourselfing,
your agreement may not be enforceable.

6. As Shakespeare said, let me not to the marriage of true minds admit impediment. I'm not by any means opposed to two sensible adults making an agreement. I don't know, you may be able to find something on the internet ; but it must be enforceable to be of any use.

LMM

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