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Pre Separation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Pre Separation Agreement

"I need a Pre Separation Agreement for my client who is separating from their spouse of 15 years, with specific focus on arrangements for their three children and the division of their family business assets, to be effective from March 2025."

Document background
A Pre Separation Agreement serves as a crucial transitional document for couples in England and Wales who are contemplating separation but aren't yet ready for divorce proceedings. It provides a structured framework for managing practical aspects of living apart while maintaining legal and financial ties. The agreement typically covers living arrangements, financial responsibilities, childcare arrangements, and asset management. While not absolutely binding on courts, these agreements are generally respected by the judiciary when properly executed with independent legal advice and full financial disclosure. They can also serve as a template for any future divorce settlement.
Suggested Sections

1. Parties: Full legal names and addresses of both parties to the agreement

2. Background: Brief history of the relationship, marriage date, separation circumstances, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Living Arrangements: Details of who will occupy the family home and any temporary living arrangements

5. Financial Arrangements: Interim arrangements for household bills, joint accounts, and regular expenses

6. Duration: Period the agreement is intended to cover and circumstances for review

7. Legal Status: Statement about the intended legal effect of the agreement

Optional Sections

1. Children Arrangements: Details of care arrangements, contact schedules, and financial support for children (used when the couple has children)

2. Pets: Arrangements for care and costs of family pets (used when the couple has pets)

3. Business Interests: Arrangements regarding jointly owned businesses or business assets (used when either party has business interests)

4. Pensions: Interim arrangements regarding pension contributions and benefits (used when significant pension assets exist)

5. Debt Management: Handling of joint debts and credit facilities (used when there are significant joint debts)

Suggested Schedules

1. Schedule of Assets: Comprehensive list of all joint and individual assets

2. Schedule of Income: Details of both parties' current income from all sources

3. Property Schedule: Details of all properties owned jointly or individually

4. Children's Schedule: Detailed arrangements for children including education, healthcare, and activities

5. Financial Disclosure Statements: Sworn statements of financial position from both parties

6. Contact Schedule: Detailed arrangements for contact with children including holidays

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries
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Matrimonial Causes Act 1973: Primary legislation governing divorce and financial settlements. Key focus on Section 25 factors for financial settlements and provisions for property adjustment.

Family Law Act 1996: Legislation covering domestic proceedings and occupation rights, particularly Part IV. Essential for determining rights to occupy the family home during separation.

Children Act 1989: Fundamental legislation ensuring children's welfare is paramount in any agreement. Covers arrangements for residence, contact, and maintenance of children.

Trusts of Land and Appointment of Trustees Act 1996: Legislation governing property ownership and trust matters, particularly relevant when dealing with shared property in separation agreements.

Edgar v Edgar [1980] EWCA Civ 2: Key case law establishing principles regarding the validity and weight of separation agreements in English courts.

Radmacher v Granatino [2010] UKSC 42: Supreme Court case primarily about prenuptial agreements, but establishing important principles applicable to separation agreements.

Crossley v Crossley [2007] EWCA Civ 1491: Case law defining the court's approach to agreements between spouses and their enforcement.

Human Rights Act 1998: Legislation ensuring compliance with human rights, particularly Article 8 (right to private and family life) and Article 1 of Protocol 1 (protection of property).

Civil Partnership Act 2004: Legislation governing rights and responsibilities of civil partners, applicable when drafting agreements for same-sex couples.

Married Women's Property Act 1882: Historical legislation providing context for property rights in marriage, still relevant for understanding the development of property rights between spouses.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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