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

15/03/2016

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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