Separation Agreement

What is a Separation Agreement?

A Separation Agreement is a written legal agreement made between individuals (whether married or cohabiting) who are contemplating imminent separation or have already separated.

If you are married or in a civil partnership and intend getting divorced or dissolving your partnership, it is usually better to apply to Court for a Consent Order reflecting your agreement because, once approved by the Court, the Consent Order is legally binding and final.

However, married couples may wish to enter into a Separation Agreement to regulate their financial arrangements as a first step towards divorce proceedings. This may be because they have been married for less than one year and so cannot yet apply for a divorce. Some couples may wish to separate, but do not wish to divorce for religious, cultural or personal reasons.

In other cases, couples may wish to enter into a Separation Agreement as they embark on a trial separation.

If you later get divorced, you can convert your Separation Agreement into a Consent Order, provided there have been no significant changes in your lives and the agreement reached is fair and reasonable.

If you are not married and intend to separate or have separated, a written Separation Agreement is the only way to record your agreement, and it can include your agreement on matters that a Court/the law would not otherwise be able to deal with at the same time, such as personal property, bank accounts, liabilities, child arrangements and what jurisdiction any dispute will be heard in.

Are Separation Agreements legally binding?

In England and Wales, Separation Agreements are not strictly binding, but they are likely to be followed unless the effect of the agreement would be unfair at the time you seek to rely on it. You should not enter into a Separation Agreement unless you intend to be bound by the terms of that agreement.

To improve the prospect that the agreement will not be considered unfair, both of you will need to have adequate knowledge of the other’s finances (there will need to be financial disclosure) and you will need to take independent legal advice on the agreement. Neither of you should be put under any undue pressure to sign it.

An agreement cannot prejudice the interests of any children in your family, so the agreement will commonly include provision for children.

It is important to take proper legal advice on these issues. We offer a free exploratory call, so that we can discuss your needs and look to match your specific circumstances with the right specialist family lawyer in our team.