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Separation Agreements - what are they and should I have one before divorce? - our family lawyers explain


Some couples prefer to separate rather than go for an immediate divorce on the breakdown of their marriage. Although there is no legal requirement to enter into a Separation Agreement, it is highly advisable to do so. A Separation Agreement is evidence of what the parties agreed in relation to their finances and is a factor that the Court must take into account should one party seek to go back on what was agreed and make further claims against the other. A Separation Agreement is not, however, binding on the Court so care must be taken to ensure that it is as persuasive as possible.

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