Is a Separation Agreement legally enforceable?
In short, no, a Separation Agreement is not yet technically legally enforceable.
However, if you and your partner have both been open and honest about your finances, have taken independent legal advice about the arrangement entered into and have taken various safeguards as advised by your independent lawyer, it can be hard for you to then subsequently argue in court that you should not have to stick to the terms reached.
For example, the family court would not allow one of you to be bound by a term of the Separation Agreement if it said you could never go to court for child maintenance – this is why it is imperative to seek independent legal advice and help upon the terms of any Separation Agreement proposed to be entered into if you wish for any arrangement reached to be as legally conclusive as possible.
For more advice and guidance in relation to this particular area of the law, we would always recommend that you take advantage of our free initial 30 minute consultations. In order to do so, and in confidence with no obligation, please feel free to contact us on 0191 269 6871 or via email firstname.lastname@example.org. We look forward to hearing from you.
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