You don’t need to get legal advice when you write a separation agreement, but it’s a good idea to.
There are several reasons why:
- Because you’re entering into a potentially legally binding agreement.
- You can get advice about whether there are any reasons why you shouldn’t sign the separation agreement before you go ahead.
- Your separation agreement is more likely to be legally binding if you and your ex-partner have provided full financial disclosure, and you’ve both had independent legal advice from a solicitor.
It’s especially important to speal to a solicitor if your break-up is causing problems. For example, if one of you is much wealthier than the other or if your ex-partner is bullying or intimidating and puts pressure on you to sign an agreement.
What if you and your ex-partner have already decided and agreed what you’d like to include in your separation agreement? Next, it’s important to each ask your own solicitor to check it and draw it up as a legal document.
You can’t both use the same solicitor.