Interim Separation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Interim Separation Agreement

"Need an Interim Separation Agreement for a couple with two children under 10, focusing on shared custody arrangements and division of the family home occupation, with the separation planned to commence from March 2025."

Document background
The Interim Separation Agreement is utilized when married couples in England and Wales decide to live separately but are not yet ready to proceed with divorce. This document provides a structured framework for managing the separation period, typically covering financial arrangements, property occupation, child care responsibilities, and asset distribution. It serves as a temporary measure while couples evaluate their relationship and consider permanent solutions. The agreement is particularly valuable as it can help prevent future disputes and provide clarity during the separation period, though it may need to be revised if the parties later proceed with divorce.
Suggested Sections

1. Parties: Details of both spouses including full names, addresses, and occupations

2. Background: Marriage details, reason for separation, and current living arrangements

3. Definitions: Key terms used throughout the agreement

4. Duration of Agreement: Period for which the interim agreement will remain in effect

5. Living Arrangements: Details of separate residences and occupation of the family home

6. Financial Arrangements: Interim financial support, bill payments, and expense sharing

Optional Sections

1. Children Arrangements: Provisions for residence, contact, and financial support for children under 18

2. Pet Care Arrangements: Provisions for pet custody and care during separation period

3. Business Interests: Interim arrangements for management and operation of shared business interests

4. Debt Management: Provisions for handling joint debts and liabilities during separation

Suggested Schedules

1. Schedule 1: Asset Schedule: Comprehensive list of all shared assets and their current status

2. Schedule 2: Financial Obligations: Detailed breakdown of financial commitments and responsibilities

3. Schedule 3: Children's Schedule: Detailed arrangements for children including contact times and holidays

4. Appendix A: Property Details: Details of family home and any other shared properties

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Matrimonial Causes Act 1973: Primary legislation governing divorce proceedings and financial settlements. Contains Section 25 factors for financial considerations during separation and divorce.

Family Law Act 1996: Covers Part IV regarding domestic occupation rights, protection against domestic violence, and regulation of occupation rights in the family home during separation.

Children Act 1989: Essential legislation for arrangements concerning children during separation, including parental responsibility considerations and child welfare provisions.

Matrimonial and Family Proceedings Act 1984: Addresses financial relief provisions and jurisdictional aspects in matrimonial proceedings.

Human Rights Act 1998: Ensures consideration of right to respect for private and family life and property rights in separation agreements.

Trusts of Land and Appointment of Trustees Act 1996: Governs property ownership rights and beneficial interests in property during separation.

Child Support Act 1991: Provides framework for child maintenance provisions and child support calculations during separation.

Married Women's Property Act 1882: Historic legislation still relevant for property rights of married women and resolution of property ownership disputes.

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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