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Structured Separation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Structured Separation Agreement

"I need a Structured Separation Agreement for a couple married for 15 years with two children under 12, including provisions for the family home in London and shared business interests, to be effective from March 2025."

Document background
A Structured Separation Agreement serves as a comprehensive legal framework for couples seeking to formalize their separation under English and Welsh law. This document is particularly useful when parties wish to separate but are not yet ready to initiate divorce proceedings. The agreement typically includes detailed provisions for financial arrangements, property division, child custody arrangements, and ongoing maintenance obligations. It provides legal certainty while maintaining flexibility for future modifications if circumstances change. The document must comply with the Matrimonial Causes Act 1973 and related family law legislation to ensure enforceability.
Suggested Sections

1. Parties: Identification and details of both parties to the separation

2. Background: Brief history of the relationship and reasons for separation

3. Definitions: Key terms used throughout the agreement

4. Living Arrangements: Details of separate living arrangements and property occupation

5. Financial Provisions: Agreement on financial matters including assets, debts, and maintenance

Optional Sections

1. Children Arrangements: Provisions for custody, access, and maintenance of children under 18 from the relationship

2. Pension Arrangements: Provisions for the division and treatment of pension assets between the parties

3. Business Interests: Arrangements for the division or protection of business assets owned by either party

Suggested Schedules

1. Schedule of Assets: Comprehensive list of all matrimonial assets and their agreed division

2. Schedule of Debts: List of all joint and individual debts and responsibility for payment

3. Property Inventory: Detailed list of household contents and their division

4. Contact Schedule: Detailed arrangements for child contact if applicable

5. Financial Disclosure Statements: Forms showing full financial disclosure by both parties

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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Matrimonial Causes Act 1973: Primary legislation governing divorce and separation in England and Wales. Establishes grounds for divorce/separation, provides framework for financial settlements, and defines court powers regarding property division.

Family Law Act 1996: Provides legal framework for separation arrangements, including occupation rights and domestic violence protection measures.

Children Act 1989: Comprehensive legislation dealing with child arrangements, parental responsibility, and child maintenance provisions in family proceedings.

Matrimonial and Family Proceedings Act 1984: Addresses jurisdictional issues and procedural aspects of family law proceedings.

Civil Partnership Act 2004: Legislation governing civil partnerships and their dissolution, relevant if the separation involves a civil partnership.

Welfare Reform Act 2009: Contains provisions relating to child maintenance arrangements and enforcement.

Human Rights Act 1998: Ensures compliance with European Convention on Human Rights in family law matters.

Equality Act 2010: Provides protection against discrimination and promotes equality in family proceedings.

White v White [2000]: Landmark case law establishing the principle of fairness in financial division, starting point of equality.

Miller v Miller; McFarlane v McFarlane [2006]: Key case law establishing the three principles of needs, compensation, and sharing in financial settlements.

Radmacher v Granatino [2010]: Leading case on the treatment of prenuptial agreements in English law.

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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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