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Family solicitors know that one of the most significant causes of grief when couples separate is the division of assets. A cohabitation agreement clearly sets out the financial rights and responsibilities of both parties while they are living together, and what will happen if the couple separates. Cohabitation agreements are also a way of ensuring a partner is financially protected in the event the other dies.
Our cohabitation agreement lawyers can help you:
Mediation is a structured discussion between those having a disagreement – such as a couple who are separating – and an impartial third party called a mediator. Mediators do not have to have a legal background, but some family lawyers are also mediators and trained in facilitating productive conversations. They can’t give you legal advice, and they won’t make or recommend any decisions for you. Separation and divorce mediators are skilled at helping couples talk through their disagreements in a respectful, non-confrontational way.
Mediation assumes both parties are willing to make reasonable compromises for the sake of a common goal, whether that is a smooth and amicable divorce or keeping relationships positive for their children’s benefit. Both parties will have an opportunity to say their piece, with the mediator guiding or stimulating the conversation in a way that promotes understanding between the people.
The aim is that an agreement is reached that both parties are happy to commit to, without the stress or expense of having to obtain a Court Order.
A clear separation agreement can assist in an amicable separation by explicitly setting out expectations and responsibilities of both parties. Mediation and collaborative law practice can help you find mutually agreeable solutions if you are stuck on any specific details, making your separation agreement something you have chosen rather than been directed to do by a judge.
Aspects of your separation agreement can include are:
The process of creating a separation agreement is less expensive and faster to arrange than a divorce. It does not require a couple to go to court which can help to prevent conflict and ill-feeling, and keep relations amicable.
A separation agreement is not as final as a divorce. You are still legally married and, as such, your partner may be entitled to make further claims. Although they are often upheld in court, it is not binding and can only be changed if both parties agree to the alterations. A court may still override any aspects of your separation agreement in the event you file for divorce.