What are the disadvantages then to having a Separation Agreement?
Separation Agreements at times can be difficult to enforce – but this is very much dependent on the circumstances of the individual case and the events leading up to then the entering into of a Separation Agreement and whether competent legal advice and help has been provided to the parties.
Separation Agreements can only be changed if both of you agree to the changes – clearly any agreement requires the parties to be in agreement with one another as to what the contents will be and if you cannot consent or agree to any changes then the Separation Agreement can no longer be relied upon.
Furthermore, the Family Court may disregard some or all of its contents if you go on to divorce or dissolve your civil partnership – it’s not the final word – but a Separation Agreement entered into upon legal advice and so long as the contents provide a relatively fair division of the available assets, then the Family Court’s are now upholding more Separation Agreements than ever before.
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