What is a separation agreement?

Separation agreements are most commonly used by married couples or civil partners who are considering divorce or dissolution but don't want to rush into making such an irrevocable decision.

They are also used by people who don't wish to divorce for religious reasons, or who can't yet divorce or have their civil partnership dissolved because they haven't reached the 12-month mark.

What should a separation agreement include?

Separation agreements set out your financial arrangements while you are living apart, and generally cover areas such as:

• Houses and property: Which of you will live in the family home and whether or not it should be sold
• Childcare arrangements: Where your children will live and what parental access and financial arrangements will be made
• Mortgage and bill payments: What proportion of these will you both pay
• Debts: Who will be responsible for clearing them
• Savings and investments: How these will be managed and divided if necessary
• Possessions: What will happen to joint possessions ranging from cars and artwork to furnishings and items of sentimental value
• Pets: With whom the pets will live with and what access the non-resident party will have

Is a separation agreement legally binding?

Separation agreements aren't legally binding in their own right. However, it is still a formal contract and in the event of a dispute it will carry a certain amount of weight in a court of law.

That's why we recommend that you use separation agreement solicitors to draw up any separation agreement. Our separation solicitors have the experience to understand the protections you need, and to draft the agreement as clearly as possible. This is important, not least because if you do find yourself seeking a divorce or dissolution of a civil partnership, your separation agreement should be suitable for submission to the court where it can be made the subject of a legally binding consent order.

Why should I get a separation agreement?

There are three compelling reasons why a separation agreement can be a good idea, besides the fact that you can't seek a divorce or dissolution within the first 12 months of a marriage or civil partnership. For example:

• It gives you time for consideration: Some divorced couples subsequently remarry, having found that they were hasty in seeking the finality of divorce proceedings. Separating under the terms of a properly drafted Separation Agreement can give you both the time and financial stability to think before taking such an important decision
• It could enable a more amicable divorce: By discussing issues outside of the context of a divorce, it can make conversations less confrontational and ensure that, should things progress to a divorce later, many issues have already been agreed upon
• It could cost you less: As a divorce following a separation agreement is likely to be more amicable, it’s highly likely that you’ll pay less for legal support in the long run. For amicable divorces, we offer a fixed fee service at £540 + £593 court fees.

Why choose Slater and Gordon’s separation agreement solicitors?

Our separation agreement solicitors have many years’ experience in helping married couples and civil partners draw up an amicable separation agreement, and can provide industry-leading advice in an initial 45-minute consultation for just £150 (inc. VAT). We can help you draft an agreement to reflect the wishes of you and your partner, handle negotiations through any disagreement, and advise you on the implications of signing a separation agreement.

Our family law team has received recognition and numerous accolades from the legal industry. We are ranked in the independent legal directory Chambers and Partners, and many of our team are recognised in the Legal 500.

We are proud members of Resolution, an organisation of family justice professionals committed to promoting a constructive approach to family issues and have office nationwide so we’re able to bring our expertise to your doorstep.