Need to get a Separation Agreement in place?
If you’re uncertain about your marriage, Brockbanks Solicitors can help you make arrangements for your dependents, finances and the legal aspects of your life. We have offices across Cumbria, including those in Whitehaven and Carlisle, but will happily travel to you.
Formalise your separation and move forward
Separating from your spouse can be extremely difficult. With decades of experience with these types of cases, Brockbanks Solicitors will help you gain clarity and understanding, with the creation of a Separation Agreement.
These legally binding documents are for those who are uncertain about a relationship and unclear as to whether or not the difficulties are permanent. With patience and without judgement, we will work with you to understand your circumstances, the options available to you, and offer legal expertise to help you make the right decision. Speak with our family law team to learn more.
Make arrangements for your life
If you decide that separation is the most appropriate course of action, you may want to have agreements recorded in relation to children, property and money in a legal contract. This will ensure that if you or your spouse decides to proceed to divorce, the agreements already made cannot necessarily be easily undone.
Sympathetic and understanding, our aim is to deliver a fair separation agreement that works for you and your spouse. We’re here to make the process as straightforward as possible, preventing additional stress to an already tense situation.
Considering everything that matters to you
We can create an enforceable Separation Agreement covering a full range of issues, including:
Mortgages, rent and bills
Debt payments
Arrangements for children
Maintenance and living expenses
The distribution of property and assets
Child issues
Frequently asked questions
What is a separation agreement?
A separation agreement is a legal document that records what you and your spouse have agreed about things like children, property, money and bills while you live apart. It is often used by couples who are not yet sure whether the difficulties are permanent. At Brockbanks Solicitors, we work with you patiently and without judgement to put a clear agreement in place.
Is a separation agreement legally binding?
A separation agreement is not automatically binding in the way a court order is, and a court keeps the final say over finances on a divorce. That said, where an agreement has been properly drawn up — with both parties taking independent legal advice, being open about their finances, and entering into it freely — a court will often give it real weight and may well uphold its terms. We make sure yours is drawn up carefully so it stands the best chance of being upheld.
What is the difference between a separation agreement and a divorce?
A separation agreement lets you formalise arrangements while staying married, whereas a divorce legally ends the marriage. Many couples use a separation agreement first, especially when they are not certain divorce is the right step. Our family law team will talk you through both options so you can make the decision that suits your circumstances.
Can a separation agreement cover arrangements for the children?
Yes — a separation agreement can set out where the children live, how time is shared and how their costs are met, alongside arrangements for property and maintenance. Having it in writing reduces the risk of disagreement later. We help you cover everything that matters, so nothing important is left unsettled.
What happens to our separation agreement if we later divorce?
If you decide to divorce, the agreements you have already reached cannot necessarily be easily undone, which is one of the main reasons people put a separation agreement in place. It gives you a clear starting point rather than beginning negotiations from scratch. Our solicitors draft your agreement with that future possibility in mind, protecting your position either way.
Do we both need our own solicitor?
It is strongly advised that each partner takes their own independent legal advice, because that helps show the agreement was entered into freely and fairly. This makes it far more likely to hold up if it is ever questioned. At Brockbanks Solicitors, we’ll explain exactly why this matters and make the process as straightforward as possible.
We've got your back
Take control of your situation. Call the experts at Brockbanks Solicitors on
01946 692194. Our team in Whitehaven will be waiting to help.