When do you need a separation agreement?
A separation agreement is needed when a separating couple want to be able to prove the terms of an agreement between them. This is most typically a financial agreement but can also include arrangements for children.
Separation agreements are for both married and unmarried couples.
For the overwhelming majority of couples, a separation agreement is a straightforward and essential part of unraveling intertwined finances. It helps identify your legal rights and responsibilities, and protects you from future claims.
There are also times when you will need a separation agreement simply to prove that you are separated.
- When claiming benefits, such as child benefit if your spouse or partner earns more than £50,000 per year, you may find that you need to prove you no longer live together as a couple, especially if you are still under one roof.
- When buying a property separately from your spouse or partner if stamp duty is payable.
- When applying for a mortgage; the lender may want to see evidence of an agreement to pay maintenance to prove your income.