Arguably these agreements are the most important documents in your case. In most cases (over 90%) following separation people will instruct solicitors to negotiate on their behalf in relation to matters involving the welfare of their children and how the finances should be sorted out and once agreement has been reached one or other of the solicitors will draft a separation agreement detailing precisely what has been agreed.
This is very useful for both people involved is once it has been signed it provides certainty and means that the differences between the couple have been resolved and they can both move on.
On the other hand a separation agreement is a contract which binds both parties to its terms and there are only very restricted circumstances where the terms of the agreement can be overturned.
It is important therefore that before the agreement is signed you are absolutely sure that it contains everything you want and that you understand implications of the various elements of the agreement. These agreements can be lengthy and full of legal jargon.
Before signing such an agreement you need specialist legal advice in relation to the best form of negotiation to bring about the outcomes that benefit you and in particular advice as to the import of the individual clauses in the agreement.
We have extensive experience of drafting and advising on such agreements and we will provide you with advice on the implications of the agreement and whether or not it is in your best interests to sign.