Separation Agreements

A separation agreement is a document designed for couples who want to stop living together, it helps set out the future arrangements you want for things like finances, property and children.

They may be used by married or unmarried couples and are often used as an alternative to divorce proceedings.

If you are married, you can use a separation agreement to agree on the terms of your separation before you finalise arrangements for a divorce.

We will draft your agreement and tailor it to your needs as we appreciate each individuals circumstance are different.

Are separation agreements legally binding?

Despite not technically being legally binding, a separation agreement can still be a formal legal document provided it is drawn up correctly by experienced legal professionals.

Separation agreements are not court orders, as the court is not usually involved in their creation, however, it is still a contract so can be challenged in a court in the same way as any other contract.

Your solicitor can often make a separation agreement into a consent order later in the divorce process and then applying to the court, which would make it legally binding.

What should a separation agreement include? 

The agreement can include any information relevant to both parties at the end of the relationship, this could include:

• What will happen to the family home? Who will live there? Will it be sold?
• How will the mortgage/bills be paid? How will the equity be divided?
• What will happen to any savings and inheritance?
• How will you deal with any debts?
• Will either of you get any maintenance and for how long?
• What are the arrangements for the children, including where they will live?
• How they will spend their time with both parents, and how will their financial needs be met?
• How will any personal property be divided, for example, cars, furniture, etc?
• It can also make provision for there to be a divorce in the future when both parties are ready.

Do I need a separation agreement?

A separation agreement can be especially helpful for couples who are planning to divorce in future or have children and financial arrangements to make. These agreements can be as formal or informal as you wish, but it is a good idea to have a written record of everything you have agreed to.

In many circumstances they can help to speed up the divorce process as many of the arrangements have already been decided in advance, this will also lower your legal costs.

If you are on good terms with your ex-partner, then an informal or unwritten arrangement may work fine for you. However, we find that this is not always the case with separating couples with relationships deteriorating over time, leading to one partner changing their mind. Therefore, it is so beneficial to have a formal written agreement with advice from legal experts.

Do the courts attach significance to separation agreements?

Provided a separation agreement is entered into voluntarily by both parties, with full financial disclosure and the benefit of legal advice then it is unlikely a judge will interfere, provided they deem the agreement fair.

It is important to have the separation agreement drafted by a legal expert, so you can get it right the first time, so take the time to get it right now in case it is later challenged by either party.

If you have an existing separation agreement, but later disagree and require the courts to settle the dispute, then there is the chance that a judge may see no reason to vary it when making financial orders and child arrangement orders.

For a court to consider upholding a separation agreement as part of divorce proceedings, it would have to fulfil these conditions:

• Both parties took legal advice before entering the agreement.
• Both parties’ circumstances are broadly similar to when the agreement was made.
• Both parties made full and frank financial disclosure.

When might a court not uphold a separation agreement?

There are certain situations where the court might not uphold a separation, these include:

• Either party has agreed with no legal advice.
• Either party’s circumstances have considerably changed since agreeing.
• Either party did not honestly disclose their full financial situation.

Contact Us

You can rely on Knightsbridge Solicitors to support you with your family and relationships. Our experienced team are ready to help you. Contact us today on 0115 824 1700 to arrange a free 30-minute consultation or get more information.