Separation Agreement Solicitors
Expert separation advice for cohabiting couples.
At Thomas Mansfield Family Law, we know that separating from your partner can be a challenging and uncertain time.
Each couple’s situation is unique, and a standard template does not cater to individual needs. We specialise in creating tailored separation agreements that provide you with the security, clarity and peace of mind you need.
What is a separation agreement?
A separation agreement is a legal document that couples can enter into following a relationship breakdown. It outlines how key issues, such as assets, financial responsibilities and practical concerns will be managed after the relationship ends.
Call us on 020 7426 4915 or
Request a callbackWhy do you need a separation agreement?
A separation agreement provides several benefits:
- Defines asset division: It can state how your joint and individual assets will be divided, including property, savings and personal possessions.
- Outlines financial responsibilities: The agreement can specify who is responsible for ongoing financial commitments such as loans, bills and other liabilities.
- Addresses child care arrangements: If you have children, the agreement can include details about their living arrangements, financial support and how parenting responsibilities will be shared.
- Prevents future disputes: By agreeing on these issues formally, this can help to avoid lengthy and costly disputes at a later date, making the separation process smoother and more amicable.
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Why choose Thomas Mansfield Family Law?
Choosing the right legal team is essential when navigating separation. At Thomas Mansfield Family Law, we offer specialist expertise and a client-centred approach to ensure your rights are protected. Here’s why we’re the right choice:
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Our solicitors are experts in handling separation agreements for cohabiting couples, offering tailored advice on asset division, property rights, and financial matters.
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We are highly regarded by both Legal 500 and Chambers for our excellence in family law, including cohabitation and separation matters.
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We listen to your specific concerns and provide compassionate, clear guidance to help you navigate this difficult time. Your wellbeing is our priority, and we work to achieve the best possible outcome for you.
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With offices across London and the South East, and flexible remote consultation options, we are always available to provide timely, expert advice and support whenever you need it.
Call us on 020 7426 4915 or
Request a callback
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Learn moreWhat clients say about us
Thomas Mansfield has an exceptional and highly collaborative team. Whenever my key point of contact has been away, issues are quickly picked up and dealt with by other members of the team, all of whom appear to have a great, collective and collaborative understanding of their clients’ issues.
Frequently asked questions
What happens when my partner refuses to leave the home we have both invested in?
If your partner refuses to leave a home that you both own or have invested in, the situation can become complicated. Both parties have equal rights to remain in the property unless a legal agreement or court order says otherwise.
In some cases, negotiations can help resolve the issue, but if an agreement can't be reached, you may need to seek a court order for the sale of the property or for one partner to leave. We can help you explore your legal options and work towards a fair resolution.
What happens to debts in a separation for unmarried couples?
In a separation, debts are generally the responsibility of the person in whose name they were taken out. If both partners have signed for a loan or credit, they are jointly liable.
A cohabitation agreement prepared at the start of the living together relationship can clarify how debts will be managed upon any future separation. In the absence of a cohabitation agreement, a separation agreement can be drafted by agreement upon separation to determine the couple's respective financial responsibilities for their joint and individual debts.
How do separation rules differ for married versus unmarried couples?
Married couples have legal rights concerning property, pensions and financial support, which are not automatically available to unmarried couples. For unmarried couples, the division of property and assets relies on property law, strict legal ownership and contributions.
The widely held public belief that after living together for a certain amount of time couples become married under 'common law' thus securing legal protections, is a damaging myth. Unmarried couples currently have very limited entitlements at law, and often have to resort to expensive litigation to recover investments or interests that had been promised but not secured in legal protections.
Can we include child arrangements in a cohabitation or separation agreement?
Yes, child arrangements can be included in a cohabitation or separation agreement. While these agreements aren't automatically binding, they can serve as a useful guide if issues go to court.
By outlining who will care for the children and how financial support will be handled, both parties can have a clearer understanding of their responsibilities, making future disagreements less likely.
How are property disputes resolved for unmarried couples?
Unmarried couples do not have the same legal rights as married couples when it comes to property. Disputes are often resolved based on the legal ownership of the property and financial contributions. If the property is in one partner's name, the other may have to prove they contributed financially or in other significant ways to claim a share.
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) often applies, allowing individuals to make claims on property they don't legally own if they can prove financial or other contributions. Seeking legal advice early can help clarify your position and protect your interests.
Why should we consider drafting a separation agreement?
A separation agreement can help avoid future conflict by clearly outlining how assets, debts and child arrangements will be managed after separation. It provides a formal record of what both parties have agreed, offering peace of mind and reducing the chances of misunderstandings.
For unmarried couples, it's particularly important as there are fewer automatic legal protections compared to those available for married couples.
What is a cohabitation agreement?
A cohabitation agreement prepared at the commencement of the living together relationship allows couples to outline their respective rights and interests should the relationship break down. These agreements need to be expertly prepared by a family law solicitor to ensure your interests are properly protected.
The agreement can provide for how property and assets should be transferred or dealt with upon separation and even how home contents and gifts are to be shared between the couple.
What happens if we separate without a cohabitation agreement in place?
If you separate without a cohabitation agreement, you may face more uncertainty and potential disputes over finances, property and responsibilities. Unlike married couples, unmarried couples don't have automatic legal rights to claim assets or support, even if they've lived together for years. Property is usually divided based on legal ownership, and financial contributions can be hard to prove.
Without a formal agreement, sorting out who owns what or who is responsible for debts can become complicated and expensive if litigated. Seeking specialist legal advice early can help you clarify your rights and navigate the separation process.
Ready to talk things through?
Speak with our family law solicitors.
Family matters often involve important decisions about your future and your children. Our experienced family law solicitors provide thoughtful, specialist advice tailored to your circumstances.
Complete our form to arrange an initial discussion, or call us to speak directly with our family law team.
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