Download Separation Agreements, Clean Break & Consent Orders and more Study notes Law in PDF only on Docsity! Separation Agreements, Clean Break & Consent Orders Separation Agreements A large number of couples separate having made the decision that they do not live together, but equally, they do not want to start a divorce straight away or they may not want one at all! No one can predict the future, which makes many people question if a divorce is the ‘right thing to do’. By way of example, you would not rush into buying a car without shopping around, you would not get a mortgage without weighing up the other deals, so why should you hastily end your marriage without looking at your other options? A divorce is often an extreme measure, and often a thorny topic which if rushed into can: Add to tensions Cause bitterness and resentment Emotionally confuse children Force topics to be discussed that you are not ready to talk about Start legal time tables that clash with plans already made Start the running of high legal costs Get impersonal solicitors involved Rush agreements on important decisions that need to be made It is for the abovementioned reasons (and indeed, many others personal to the parties involved) that couples are seeking a remedy which best suits their particular circumstances. Separation Agreements are becoming increasingly more popular as they provide both parties peace of mind before deciding on whether or not to legally divorce. A married couple can choose to separate and they have no obligations to inform any legal professionals that they are no longer together, thus making a Separation Agreement a far less formal means of achieving both parties wishes before making the ultimate decision as to whether or whether not to end the marriage by divorcing. In addition to this, a Separation Agreement is an extremely effective way of regulating ‘the split’ and of making all the important decisions yourself, without the involvement of the Courts. A Separation Agreement can include:‐ Division of property Who will live in the marital home Payments of maintenance to either spouse Child provisions including agreement as to the maintenance to be paid for the children. Division of personal possessions Division of policies such as; pensions, insurance, medical Who is responsible for the bills that need paying Who is responsible for debts Bring about an abrupt end to your marriage Please Note: Whilst respecting your views and wishes, and acknowledging that you know more about the personalities and characters involved than we do, when asked to draft a Separation Agreement, we will ask you to sign a form, confirming that you wish to proceed to without the intention of making a Clean Break Agreement / Consent Order at the time the Separation Agreement is prepared. The form we ask you to sign confirms your acceptance and understanding that we can make no promise that any provisions / arrangements in the Separation Agreement will stick as it is only when such arrangements are embodied in a Court Order that ‘the parties’ rights are exhausted. Consent Orders In many family breakdowns, the parties reach an amicable arrangement about their property (the word ‘Property’ relates to the ‘assets of the marriage’ and often includes the Matrimonial Home). The arrangement can be either within a Divorce, or on informal separation. However, irrespective of how any Agreement is reached, its is always prudent to include the terms of the Separation Agreement into a ‘Clean Break Agreement’ or ‘Consent Order’ made by the Court in divorce proceedings. The parties to a marriage have the right to one Court Order which re‐arranges their financial (usually capital) affairs. Until such an Order has been made, or he or she remarries, both remain free, at any time later, to go to court and to ask for an Order appropriate to the time when the application is heard.