Separation Agreements

I have separated from my former partner, but we are not ready to divorce or dissolve our Civil Partnership, how do we deal with the family finances in the meantime?

If you are married or are in a Civil Partnership and you decide to separate, you may think that divorce or dissolution is your only option. However, it may be that a Separation Agreement may be appropriate if you are not yet ready or able to proceed with a divorce or dissolution.

A Separation Agreement is a document that sets out what you and your former partner intend to happen to your finances as a result a current or future separation. A separation agreement can outline your decision to live apart, your ongoing obligations, how your assets will be distributed and any arrangements for your children.

In England and Wales, Separation Agreements are not strictly binding and carry the same weight as any contract which can be challenged in Court. However, if both you and your former partner have had separate independent legal advice and the Court considers the agreement reached to be fair, it will take a Separation Agreement into consideration when making an order in respect of the joint assets.

The courts have indicated that to consider whether a Separation Agreement is fair, there are a number of factors to be taken into consideration. First, the Court will want to know whether you and your former partner obtained independent legal advice and exchanged details of your individual financial positions prior to signing the agreement. The Court also considers whether the agreement reached enables both you and your former partners basic needs to be met upon divorce or dissolution of your Civil Partnership. The Court will not consider an agreement fair if there was any pressure or duress applied to you or your former partner to sign, or if there was any fraud or misrepresentation by either of you. The Separation Agreement also needs to be executed in the correct way.

The terms of a Separation Agreement are of course individual to each couple, however, the main elements that an agreement typically covers is as follows: –

Property – What should happen to the property now and in the future, and the arrangements surrounding that.
Finances – What should happen with any financial obligations or debts.
Children – The arrangements for the care of any children of the family.

If you would just like to obtain some advice as to whether a Separation Agreement is the right path for you, please contact our Head of Family, Monicka Rai at monickar@bwksolicitors.co.uk or on 01296 747 151 to arrange a fixed fee initial consultation.

BWK Solicitors2022-03-14T12:28:22+00:00

About the Author: BWK Solicitors

I write to thank you for all your help in the recent purchase of our new house.

There were a variety of factors that complicated the situation: I had a very limited understanding of the process; my (well-meaning) Dad, who has worked for more than 50 years as a lawyer, kept offering suggestions as to what I should ask, and I was time limited. I suspect that all of this made me a pain in the neck as a client.

Despite the above, you were consistently friendly and helpful throughout the whole process. This is on top of being a highly capable and thorough professional. Thank you for your work, but also your patience and support. You are a credit to BWK and your profession.

When I recently mentioned your good work, you also very humbly said that this was what you were paid to do. As I said at the time, there are plenty of people who will take the money and turn in a barely mediocre performance. So, thanks again for a job well done.

Sparky Dunlop

Thank you for your patience.

In all our past dealings with a solicitor, whether it has been to do with property or otherwise, we have never had the benefit of a solicitor who responds as quickly as you do, writes in understandable language and is as easy to contact as you have been. For all those reasons and more, we will certainly come to you in the future. Thank you for all of that.

Christine

Moving!

Excellent service …. our Move was successful due to the professionalism, kindness and efficiency of Eleanor and her team managing every bump along the way ! Thank you all ….

Initial Impression – 5
Knowledge – 5
Approachability – 5
Value for money – 4
Services – 5
Professionalism – 5
Did your solicitor keep you informed throughout the sale, purchase or remortgage of your property? Yes
Were you given direct contact with your solicitor and were they responsive to your inquiries? Yes
Were you satisfied with the outcome of your case? Yes
Would you recommend this firm to somebody else? Yes

Claire

No improvements to suggest – excellent service!

Private feedback

BWK Solicitors go the extra mile !

Eleanor King of BWK Solicitors recently handled our property sale. Bearing in mind we were in a national lock-down and the government were offering a Stamp Duty break, Eleanor and the team were professional, very efficient and kept up up-dated with progress at every opportunity even though they were extremely busy constantly ! We would highly recommend BWK Solicitors and will ourselves be using them again in the future.

Initial Impression – 5
Knowledge – 5
Approachability – 5
Value for money – 5
Services – 5
Professionalism – 5
Did your solicitor keep you informed throughout the sale, purchase or remortgage of your property? Yes
Were you given direct contact with your solicitor and were they responsive to your inquiries? Yes
Were you satisfied with the outcome of your case? Yes
Would you recommend this firm to somebody else? Yes

Julie

Good value for money, good service and delivered the right result despite many challenges

Private feedback

Challenging times, challenging chain!

Despite all the challenges of COVID and home working Eleanor kept up to speed with the process at all times despite some pretty inept solicitors and estate agents further down the chain. We would probably still be waiting to exchange if Eleanor had not been as tenacious

Initial Impression – 4
Knowledge – 4
Approachability – 4
Value for money – 5
Services – 5
Professionalism – 5
Did your solicitor keep you informed throughout the sale, purchase or remortgage of your property? Yes
Were you given direct contact with your solicitor and were they responsive to your inquiries? Yes
Were you satisfied with the outcome of your case? Yes
Would you recommend this firm to somebody else? Yes

Jeremy

fantastic experience in house sale and purchase, would highly recommend

would highly recommend BWK Solicitors, Eleanor King was fantastic throughout the process as well as all the supporting staff I spoke with

Jack

Very happy.

We were recommended Eleanor through our estate agent and took they’re advice. We’re very happy we did, Eleanor was very helpfully, pleasant to talk to and professional which made things much easier for us. I’d happily use them again.

Initial Impression – 4
Knowledge – 4
Approachability – 5
Value for money – 4
Services – 4
Professionalism – 4
Did your solicitor keep you informed throughout the sale, purchase or remortgage of your property? Yes
Were you satisfied with the outcome of your case? Yes
Would you recommend this firm to somebody else? Yes

Samanta

We wouldn’t be here..

Having waited until we were ‘sold’ to reliable buyers to decide where we were going to downsize to, we needed to find a solicitor who was prepared to take on the conveyance of a new build leasehold purchase. A lot will not touch that sort of transaction we found – including the solicitor acting on our sale. Add to that the dubious reputation of the developer we were buying from, and the rush to complete before the stamp duty holiday ended, we did not think we would find the right person Lorraine at BWK was recommended to us and after an initial and long chat over the phone we knew we were in good hands. We had been forced to agree to a date for exchange of contracts that seemed impossible to meet and we got there by Lorraine’s hard work (e mails sometimes timed at 0730 and 2200…) and professional guidance. The only problem with appointing a busy solicitor is that sometimes you do not get a response to questions as quickly as you would like but you have to accept that. Quite simply, we would not be here if we had not appointed Lorraine at BWK.

Initial Impression – 5
Knowledge – 5
Approachability – 4
Value for money – 4
Services – Not specified
Professionalism – 5
Did your solicitor keep you informed throughout the sale, purchase or remortgage of your property? Yes
Were you given direct contact with your solicitor and were they responsive to your inquiries? Yes
Were you satisfied with the outcome of your case? Yes
Would you recommend this firm to somebody else? Yes

Ian

Lorraine was just incredible, she made things happen when others were not prepared properly, she went over and above what was expected , especially when I was ringing her all the time, she is a total credit to the practice and would highly recommend her to anyone I know looking for a local solicitor.

Private feedback

Property – Outstanding service

BWK solicitors recently undertook the selling and buying it our new house and it was not a straight forward sale but Lorraine did everything to ensure we achieved our dates , she went well over and above the normal service you would expect and did an amazing job. If you are looking for a solicitor in Aylesbury then look no further than Lorraine as you won’t get better anywhere.

Kevin

Very efficient

We’ve used BWK three times now for various house purchases and sales. They’ve always been very helpful, direct, friendly and quite quick to respond to queries. I would recommend.

Solicitor – Lorraine Wilde
Initial Impression – 5
Knowledge – 5
Approachability – 5
Value for money – 5
Services – 5
Professionalism – 5
Were you satisfied with the outcome of your case? Yes
Would you recommend this firm to somebody else? Yes

Robyn

Wills and Probate

I have been a client of Jennifer Beaujeux and am pleased to be able to leave a positive and glowing review. Jennifer has been (and continues to be) very professional, effective, and thorough. But equally as important she is thoughtful and kind.

Initial Impression – 5
Knowledge – 5
Approachability – 5
Value for money – 5
Services – 5
Professionalism – 5

Patrica

Outstanding

What can I say, Faith and her team were simply outstanding. The communication was first class and because of their knowledge we had no issues at all. I cannot recommend them highly enough. Just amazing.

Initial Impression – 5
Knowledge – 5
Approachability – 5
Value for money – 5
Services – 5
Professionalism – 5
Were you satisfied with the outcome of your case? Yes
Would you recommend this firm to somebody else? Yes

Ashraaf

House Sale

Great service from Faith and always replied to emails promptly

Initial Impression – 3
Knowledge – 4
Approachability – 5
Value for money – 5
Services – 5
Professionalism – 5
Were you satisfied with the outcome of your case? Yes
Would you recommend this firm to somebody else? Yes

Theresa

House sale

BWK acted for me in the sale of a property and dealing with probate. A first-class firm of Solicitors who did a tremendous job in looking after my interests following the death of my father.

Simon

Property

Experience of selling

BWK Solicitors were excellent in all aspects of the sale, keeping u informed of progress from start to finish. Highly recommended.

Initial Impression – 5
Knowledge – 5
Approachability – 5
Value for money – 5
Services – 5
Professionalism – 5
Were you satisfied with the outcome of your matter? Yes
Would you recommend this firm to somebody else? Yes

Robin

Property

Excellent service from start to finish

Eleanor King is a top professional – efficient, experienced, and straight to the point. Intelligence and timeliness are key parts of a good solicitor, and she represents excellent value, alongside these attributes.

Initial Impression – 5
Knowledge – 5
Approachability – 5
Value for money – 5
Services – 5

Jonathan

Property

Efficient professional service

We used BWK for conveyance when purchasing our latest property. They were very effective in their working. Very good communicators.

Initial Impression – 5
Knowledge – Not specified
Approachability – 5
Value for money – Not specified
Services – Not specified
Professionalism – 5

Graham

Property

Great Service

BWK gave us a great conveyance service recently when we moved house. Cannot recommend them highly enough.

Initial Impression – 5
Knowledge – 5
Approachability – 5
Value for money – 5
Services – 5
Professionalism – 5
Clients name – Graham
Service provided – Housing & Property
Matter date – June 2021
Office details – Stone House, 12 High Street, Chalfont St Giles, Bucks, HP8 4QA
Solicitor details – Faith Sutton

Chris

Keep doing what you’re doing, obviously doing my job I speak to a lot of solicitors but you would always be my first choice!!! Happy Christmas :)

Private feedback

Property

Faith is amazing

We recently bought and sold and used Faith at BWK. She made the experience pain free and between herself and her assistant Nicole were always there when we needed them. If you are looking for great knowledge and customer service then they are definitely the people to use.

Andy

No feedback needed…. Couldn’t fault our experience with Faith.

Private feedback

Property

Professional

Easy to deal with, professional and helpful and would keep us regularly updated. Would highly recommend.

Tammy

Property Purchase

Got the job done !

Eleanor was extremely helpful and proactive throughout in pushing for completion on the purchase of our property on 22nd December. We would highly recommend BWK to anyone looking for a quality conveyancing service.

Initial Impression – 5
Knowledge – 5
Approachability – 5
Value for money – 5
Services – 5
Professionalism – 5

Keith

Property purchase

The whole process was very efficient, Faith at BWK was quick to respond on all our questions.

Initial Impression – 5
Knowledge – 5
Approachability – 5
Value for money – 5
Services – 5
Profes

Portland

Excellent service from start to finish

Eleanor King is a top professional – efficient, experienced, and straight to the point. Intelligence and timeliness are key parts of a good solicitor and she represents excellent value, alongside these attributes.

Initial Impression – 5
Knowledge – 5
Approachability – 5
Value for money – 5
Services – 5
Professionalism – 5

Jonathan

“Please pass on to Monicka my deepest thanks for getting me to where I am finally am today. It’s taken a very long time. Monicka was amazing in what she managed to do in finally getting it all sorted.”

“May I take the opportunity of saying how brilliant Lucy and Amber have been in dealing with my mum’s estate. They’ve responded very quickly with regular updates and have always come back to me when they said they would. A very efficient and professional service.”

“Thank you so much for being so prompt and professional, we have engaged in a lot of business with you over the year, and it makes us really appreciate your service whilst dealing with others”

“Thank you for ensuring everything ran smoothly, even in the current situation. I really appreciate you looking after me and working so quickly”

“I would just like to say with all the other sensitive challenges I have had during this time both Chloe and yourself have been professional and personable throughout and I would certainly recommend you in future.

I felt you have explained and informed everything clearly at all times even if you had to repeat yourself once or twice.”

“Excellent service – no improvements that I can suggest.”

“Very happy with everyone and everything!”

EMB

“I am particularly grateful to Johanna for her prompt help.”

“Thank you for being so welcoming and providing a friendly, efficient service.”

“Thank you so much Sadie for all your help and guidance on securing financial stability for my girls and I.”

“Chloe and Sadie, thank you so much for all your help and support, I could not have wished for a more patient and supportive team.”

“We would like to thank all concerned for your professional approach and good communication links throughout the process. We would have no hesitation in recommending your firm as a potential candidate for our contacts/associates in the future.”

“Just a quick note to say thank you for all your work on my flat purchase. Your help in guiding me through the process was much appreciated.”

“Sadie thank you very much for your help and assistance, going forward I know where you are if I ever need you.”

“Thank you so much for your help, advice and very professional work. It’s been great to have you on my side.”

“Thanks for your easy, concise explanation for the layman. Thank you so much […] from a satisfied customer.”

“Jay never minded explaining or going over anything that didn’t make sense to me. Thank you Jay.”

P&JE

“Johanna was professional, helpful, efficient – all done with sensitivity and kindness.”

“Jennifer was excellent as usual.”

“Thanks for all your help in last 18 months with the settling of the estate etc. There have been some trying times but you have been great and very helpful. I will come back to your firm when I need to.”

“Many thanks for a very smooth process.”

“A very professional and an excellent relaxed approach. Our experience was first class.”

Mr & Mrs O

“Thank you so much for all your hard work. We all really appreciate your guidance and help through a very difficult time.”

“I would like to thank you Sadie, Elizabeth and Chloe for your fantastic help. It is an excellent result for us. I am very happy with the order.”

“I was entirely satisfied. Sadie Glover was extremely helpful and put me at my ease on each visit.”

“I cannot praise Jennifer enough for all her work to assist me in finally receiving the inheritance to which I was entitled. I would certainly recommend her and the firm.”

JPR

“Your robust advice, confidence and clear explanation of the procedure and process really helped me and has reassured me of what lies ahead.”

“You have been the best solicitor we could have ever asked for (and we’ve moved 3 times!). Thank you for everything you’ve done and your perseverance.”

“I would also just say thanks to you and your team. I’ve felt very supported and well advised from the start.”

“I would like to thank you Sadie for all your help and kindness over this very upsetting time, I have now got a future to look forward to.”

“The service we had was really excellent. Everyone was very kind and helpful.”

Mrs J

“Jay was excellent throughout, a true professional and was on hand to give guidance continuously, a great service, she was fast and efficient. I would recommend Jay to others in the future.”

PR & LH

“Dear Eleanor, I would like to again thank you for your excellent work for us.”

L&C J

“A big thank you for sorting out the will and POA with such patience.”

“Excellent throughout. Thank you for your kind help and explanations.”

Mrs P M C

“Thank you for your efforts and professionalism during this difficult time for me personally.”

“Johanna was extremely helpful.”

Mr & Mrs MGJ

“I should like to place on record my thanks for the way you have handled the whole sale process. I have found you to be professional, efficient and courteous at all times. It was a pleasure working with you. It is really refreshing to work with a professional in whom one can have complete confidence. I do not know if I will require another conveyancing solicitor in the future, but if I do, I will certainly come to you, and would recommend you to anyone who asks.”

“May I say that it has been an absolute pleasure meeting you and I would like to say thank you for being very caring and understanding during this time.”

“Thank you both for seeing me and conducting our meeting with understanding, kindness, sympathy and above all else, sheer professionalism.”

“Thorough, understanding and highly informative throughout the whole process.”

“Thank you for all your help and support when moving.”

J&D B

“Knowledgeable, helpful and quite thorough on completion.”

Mr & Mrs AJS

“Just a note to say how grateful we are. You have been fantastic and we feel you have really moved
things on for us.”

“I recently visited you to have my Will organised. What a great team and a great service.”

“Brilliant service. I wouldn’t change a thing. Thank you.”

“I was very happy with your service. I do wish to praise your reception team, also very welcoming. Great team! Will be in touch if I need your services for the future.”

“Our grateful thanks – very thorough and helpful and a pleasure to meet.”

“Your service and kindness was very much appreciated by the family and we would certainly consider yourself and your firm for any other legal requirements we may have in the future.”

ILM

“Really patient, answering all my questions thoroughly. A first-rate service, thank you.”

NMS

“Thank you for your excellent service.”

RJB

“Very helpful during the whole process and very clear explanations.”

“All staff were very welcoming and friendly.”

MKW

“I really appreciate all the support your firm has given me over this very stressful period.”

“Thanks for all your help with our move. Much appreciated and a great service.”

“I just wanted to say a big thank you. I am very happy with the outcome and to have a clean break is a massive weight lifted off my shoulders. I can’t thank you enough.”

“Many thanks for all your help. It is such a difficult time, but you and your firm have been so helpful, clear and kind.”

CPB

“We support the MS Centre and last month we attended one of their charity events. We told the people at our table about the good work you have done for us with our wills. Thank you for supporting the MS Centre!”

“Can’t fault your service, thank you.”

“Many thanks for all your help in completing our move, and I’m pleased to report that we are loving it.”

R&J G

“Thank you Lorraine,
I will definitely be recommending you to any friends and family. You were an absolute pleasure to deal with. Many thanks.”

“Excellent service throughout.”

Mr & Mrs T

“Competent, efficient and helpful.”

M&R D

“Sadie, Thank you for your help, patience and understanding.”

“Sadie, Thank you for your time and for your empathy and understanding.”

“Dear Sadie,
Thank you for meeting with me last week following which I felt reassured that my case will continue to be handled well.”

“Thanks for going out of your way on this one. You are the best.”

“Brilliant, thank you for your quick response and for your help and advice during the final stages of our purchase, you have been extremely helpful.”

“Thank you very much for your email and for keeping me up to speed. I really appreciated how helpful you were when I came in.”

“It has been a pleasure working with you and other colleagues at the firm.”

“We would not hesitate in recommending you to friends and family.”

“Many thanks for all your work – greatly appreciated.”

“You are clearly doing a great job for us!”

“Thank you for your kind and efficient attention.”

“Thank you for your efficient communication and considerate management of this matter.”

“I would like to say how professionally you personally and your firm have handled my enquiries.”

“I am delighted that the matter has completed. I just wanted to let you know how impressed I was with your colleague who was efficient polite and charming to deal with in your absence.”

“Excellent work. 19 days from sale agreed to completion including 6 weekend days! Thanks for this one, it’s a good news story to tell any clients who are looking for a solicitor to deal with a speedy transaction. Thanks again, very impressed.”

“Amazing, thanks for all your help!”

“Great throughout the process for both properties. You should be very comfortable in making recommendations going forward.”

“Very informative and a great job explaining the process – thank you.”

Mr E & Miss R

“Thank you so much for all of your help. You’ve been a star.”

“The lawyer and the receptionist on the telephone were both polite, prompt and very helpful.”

A&J H

“I cannot thank your firm enough for everything you have done.”

“We really appreciate you turning a very onerous lease into a favourable one for us which is very much appreciated.”

H&N K

“Please may we place on record our deep appreciation of the considerate, friendly and professional manner in which you have patiently cared for our needs.”

W&A S

“I am happy to recommend you in the future, as it is refreshing to get a solicitor who wants to work with the agent to get the property through to exchange and completion. Keep up the good work!“

“I particularly liked your approach to our instruction and felt matters were sorted in a timely and professional manner.”

“Thank you Hannah for updating me on the LPAs and I note you have all my documents from my former Solicitors. I would like to take this opportunity of thanking you for looking after me.“

“Great to have you in our corner.”

“Thanks for seeing me yesterday. I would like to take this opportunity to thank you for helping me through what has been a very difficult 18 months. Thanks for all your support.“

A&G J

“Can I take this opportunity to thank you all for your support during what has been a distressing time.”

“Thank you, as ever, for your generosity with your time and advice which has been such a great support through difficult times.”

“Thank you for your help, advice and explanations yesterday. You certainly gave me plenty to think about, but best of all made me feel very much more satisfied with my finances and present state of play! It was good meeting you.”

“Thank you so much for all the work you have put into the Will Aid 2015 campaign. You are one the top donating firms nationwide! Your effort will make a real and tangible difference to the work of the nine Will Aid charities.”

Will Aid

“Thank you your email, and for the excellent news it contained. Many thanks to you for your efforts and advice in achieving this outcome.”

“Thanks for the EXCELLENT service and will get back to you shortly with all the signed paperwork.“

“Thanks for all your help regarding the matter at such short notice.”

“Many thanks for your letter and your excellent analysis of the situation.”

“It was a pleasure to meet you this week and we felt very comfortable discussing our wills with you.”

J&J

“Very courteous, helpful, supportive.”

D&J B

“I just wanted to THANK YOU very much for all your excellent work on the conveyancing. I was most grateful to have somebody so knowledgeable and effective at the legal end and it was lovely to receive quick answers to all my questions. I will be sure to use you again and to recommend you for future conveyancing work.”

“Thank you for all you did … You’ve been brilliant.”

“Can we say a big thank you for all your hard work in our relocation. Your efficiency and professionalism has helped so much in making this move go smoothly.”

B&P B

“Extremely empathetic and clear.”

“Thank you for this confirmation and for your efficiency. We are pleased with the service and are already recommending you.”

“Very pleased to say recommendations led us to an exceptional professional conveyancing lawyer – incredibly efficient throughout, who managed to get our sale through in only 6 weeks.”

“Thank you so much for phoning me back so quickly. The IFA commented that you were so helpful and I found it pleasantly surprising to be able to talk to a solicitor who was so helpful.”

“It would be difficult to improve upon the service that I received.”

“We’d like to take this opportunity to thank you for your help and calming our concerns – it was really appreciated. We will certainly contact you in future should the need arise.”

M&H M

“A very good and friendly service.”

DGR

“Thank you very much for your kindness and legal advice over the past few weeks. So pleased I found you and so local.”

“Thank you for the speed with which you have been managing my legal requirements.”

“The service was excellent from first contact to completion!”

“Good to work with you again.”

“Thank you for your good work ‘Property Team’.”

“So kind and helpful, many thanks. ”

Mrs H

“Many thanks for your speedy and professional service in completing the probate.”

“We are very grateful for the efficient and understanding manner in which you have handled everything including us to date – and that you will continue to be of assistance to us.”

A&W S

“Thank you so much for making the process of documenting our wills and LPAs etc. such an easy and painless task – you really have given us outstanding professional service.”

“Smooth, enjoyable experience.”

“Many thanks for your assistance throughout our purchase. It has been a pleasure dealing with you.”

“Many thanks for your valued help and support.”

“Church Will Month – On behalf of the church I express once again my very grateful thanks to you Jo and to your colleagues for this kind service.”

“Many thanks for your helpful advice, a pleasure to do business with you.”

A&V P

“I would like to take this opportunity to thank you for your valued help and expertise that you have given us.”

“My wife and I would like to thank you for your detailed guidance through the various areas of our Wills. We feel very much more secure knowing that we can call on you should the need arise.”

“Thank you for all the work you’ve put in and things have moved along at a significantly better pace with you at the helm. Thank you again for pressing forward in so positive a fashion.”

“Thank you for looking after me so well.”

“Many thanks, I very much appreciate the way you dealt with my ‘on spec’ visit this morning and your quick follow up by email.”

“Your service needs no improvement – perfect. Many thanks for dealing so promptly with my requirements. This has given me peace of mind at last.”

“I just wanted to thank you for the excellent help and advice you have given me. I understand my will better and feel it is now completed properly.”

“Many thanks for helping me in getting the will and trust set up and making the process so simple and easy, just wanted to thank you for the excellent help and advice you have given me.”

“Many thanks for dealing with the sale of my late Mother’s property, please pass on my thanks to the team.”

“Everyone was very helpful.”

“Thank you for helping sort our family’s affairs with speed and sensitivity. We’re very grateful for your assistance.”

I have separated from my former partner, but we are not ready to divorce or dissolve our Civil Partnership, how do we deal with the family finances in the meantime?

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About the Author: BWK Solicitors