What is a Separation Agreement?
29 Nov 2023 | Lisa Pepper
Table of Contents
A separation agreement is a document that can be prepared when you want to stop living together as a couple, whether you decide to end the marriage or not. It sets out the arrangements you wish to make for things like finances and the family home and can include agreed shared care arrangements for your children.
What is a separation agreement?
A separation agreement is a legally written document that sets out the arrangements between you and your partner when you separate. You can create one whether you are married or unmarried.
If you are married or in a civil partnership, a separation agreement allows you to agree the terms of your separation and keep things amicable while you consider whether you wish to divorce. It can also be used as an alternative to divorce if your religion or belief forbids you getting divorced or dissolving your civil partnership or perhaps you have other personal reasons why you do not want to divorce but you do want to live separately.
If you are living together and unmarried, a separation agreement can help protect your rights when you break up. Cohabiting couples are not protected by laws in the same way as married couples. A separation agreement can spell out how you and your ex agree shall split your finances and agree your share of the wealth you’ve built together.
When might I need a separation agreement?
A separation agreement is useful if:
- You no longer wish to live with your partner but are not sure about getting divorced yet.
- You are not able to divorce or dissolve your civil partnership, for example, because you have been married/civil partners for less than one year.
- There is a chance of reconciliation and you want some breathing room while you decide what to do.
- You’ve already started divorce proceedings but need to agree important financial matters, such as who stays in the family home, while the divorce is taking place.
- You are not married and want to formalise the arrangements for splitting the finances and taking care of the children.
- You wish to take the heat out of negotiations arising from the breakdown of the relationship and ensure you both know where you stand.
What should be included in a separation agreement?
A separation agreement can be as short or as detailed as you choose but generally will cover the important details of your split, including:
- Child residency and contact arrangements
- Whether one person will pay child maintenance or spousal maintenance
- Who is responsible for paying the mortgage, rent and household bills
- Who will live in the family home
- What will happen to the proceeds of sale if a property or asset is sold
- How any savings and investments should be split up
- What happens to furniture, cars or or other items you bought jointly
Is a separation agreement legally binding?
A separation agreement is not legally binding in the same way as a Financial Remedy Order.
In the Supreme Court in 2010 in a case called Radmacher v Granatino, the Court ruled: ‘The court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement’.
What if my ex ignores the terms of our separation agreement?
If your partner doesn’t stick to the terms of the agreement, there are various steps you can take.
If you are married and going through a divorce, you can apply to the Court to have your separation agreement turned into a financial remedy order. A court is likely to do this as long as the terms are considered by the Judge to be fair. The Financial Remedy Order is legally binding and will end the possibility of future financial claims (if there is a ‘clean break’ in the order).
In the case of S v S in 2014, Mr Justice Munby said that: courts will only interfere with agreements in ‘most exceptional circumstances’ and where there are ‘overwhelmingly strong considerations’.
How long should a separation agreement last for?
That is up to you and your ex. A solicitor can assist and advise on whether the duration should be open-ended or whether it would be suitable to include an end date (say, where there is maintenance). For example, it is common for the financial arrangements to change or some parts end (such as child maintenance) when the children leave home or reach a certain age.
It is possible to change a separation agreement at any time, if both of you agree to it. It’s a good idea to review the agreement at regular intervals and if either of your circumstances changes.
Can I write a separation agreement myself?
This is not recommended. A court may disregard some or all of your terms that are not considered fair or reasonable. This can sometimes happen when one person has made financial sacrifices that are not realistic, such as agreeing to give up their property or pension rights, or if someone has not been open about their finances or not received legal advice.
There are also some terms that a Judge would never enforce, such as those that are not in the best interests of the children or which prevent a person from applying to the court.
It is always best to take legal advice before signing a separation agreement. Our experienced family solicitors can guide you through the issues and ensure your document stands up in court. They will also be able to advise on any other issues you may need to consider, such as tax implications and inheritance rights. Get in touch today to talk to one of our qualified family law solicitors about how we can help.
Share this article
Contact
Contact us today
For a free initial conversation call 0207 485 8811
Email us Send us an email and we’ll get back to you
Lisa Pepper – one of the best mediators around, whose very reasonable rates don’t reflect her excellent client base
Lisa Pepper is a great go-to solicitor for anyone wanting quick and appropriate advice
Lisa Pepper at Osbornes is hugely approachable. She is calm, clients always praise her. Underneath her calm and approachable exterior is an excellent legal brain
I am confident that Lisa will do her utmost to try and settle matters so that both parties walk away feeling satisfied that they have managed to reach a fair outcome with the assistance of a professional mediator.
Lisa Pepper is robust, competent and knowledgeable and is always keen to try and help parties settle without intervention of the court.
Lisa Pepper is an outstanding mediator. She gets results in very difficult cases. She works extremely hard to get a good outcome for clients who mediate with her
Lisa Pepper- she has a great combination of skills. She is empathetic, approachable and calm, and has good legal judgment. She inspires confidence and trust
"Osbornes Law have a very broad family practice which does all areas of family law at a high level. They have an excellent practice; they are top quality across the board."
Osbornes have been a sound firm forever. They have phenomenal work and an excellent skill set.
Osbornes have high-end partners doing high-end work. They are very impressive.
They have an excellent practice; they are top quality across the board.
Osbornes have a very broad family practice which does all areas of family law at a high level.
He is very hard-working, diligent and thoughtful in his approach. He is on top of the detail and makes strategic decisions.
He commits himself to getting the best results.
He’s a really tough litigator that you certainly want on your side. He will defend his clients to the hilt.
Mark is an immensely capable lawyer, with vast experience and a well-deserved reputation for getting the very best for his clients.
Lisa Pepper is extremely hard-working and adored by her clients. She is a very empathetic and approachable lawyer.
She’s an extremely supportive and kind lawyer and has an increasing mediation profile too
Andrew secured me the best financial settlement for my claim. He is a credit to Osbornes Solicitors.
"It has a strong and experienced team of solicitors who don’t take bad points, work sensibly to get a settlement and who you can always pick up the phone and speak to. They are good lawyers and know the strengths and weaknesses of their clients’ cases. They don’t posture and always pursue their clients cases appropriately. "
"Mark Freedman is a very capable lawyer, renowned for not being a pushover and pushing his clients’ cases as much as he can, but will always talk sensibly about settlement. He is among the best – tenacious, good judgment and tactically aware."
"Mark Freedman is a dynamic and highly experienced family lawyer who fights extremely hard for his clients and is always in their corner, thus ensuring their loyalty and confidence. In a trial you would always want him on your side."
"Bridget Thompson combines her excellent legal knowledge with a clear, succinct and robust style of advice and advocacy. Her approach clearly inspires a high degree of client confidence in her"
"She has impressed me as someone who fights my corner but also understands the importance of resolving issues without unnecessary escalation. She is calm and reassuring."
"Her mediation practice is exceptional; she is also a great solicitor and has a breadth of skill which is really useful."
"He is really experienced and wise. He has a lovely manner about him and clients feel safe with him."
"Jo Wescott is top notch and widely recognised as a rising star throughout the profession. She brings a winning combination of great judgement, an immense work ethic, and a relaxed and charming way with opponents and clients alike. Someone you want on your side”
"Osbornes is pre-eminent for family law in North London. Mark Freedman is a real rainmaker. He is an excellent lawyer and has a top-notch practice"
Mark Freedman is intelligent and personable and has a good selection of high-net work cases.
"Exceptional value for money. Highly competent and reasonably priced. Mark Freedman: one of the best in the field."
"Client-focused. Ready to fight the clients’ corner, but also ready where possible to steer client from unnecessary dispute. Mark Freedman – very experienced, with good instinct for the eventual result. Clients love him and he thinks ahead and directs the client to the best result for the client."
Mark Freedman is a serious player. A fearless family law litigator, who protects his clients’ interests passionately.
Breadth of knowledge and willingness to go the extra mile is what makes it stand out. Mark Freedman – devoted to his clients
Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues. Sources praise the "tenacity and common sense" he brings to challenging disputes.
"Mark is very experienced, competent, good with clients and takes a sensible approach to cases. He knows exactly what he's doing."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"The team frequently deals with cross-border estates for high–net-worth individuals."
"Mark Freedman is a real heavyweight litigator who has dealt with some very significant cases."
"Mark Freedman boxes clever, keeps his powder dry and when it comes to the end game he negotiates a really good deal."
"Mark Freedman has a specific focus on high-net-worth divorces and finance cases where there are overseas assets and trusts."
"Lisa Pepper somehow manages to get parties to settle on matters where there isn’t much hope to start out with."
"Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."
"Mark Freedman draws acclaim for his work in high net worth divorce cases, including those involving company structures, family trusts and overseas assets."
"He never gives up. He fights for you to the end and has boundless energy."
Bridget Thompson heads the family team, where client care is the top priority.
Mark Freedman advises high-net-worth clients and knows his stuff.
Highly regarded for his experience as a litigation and mediation expertise, Mark Freedman is tenacious and determined. Clients really feel that he is fighting their corner.
Lisa Pepper is a skilled collaborative lawyer. Her instinct is always to resolve matters without compromising her clients’ interests.
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
They have a really good, strong team, with the junior elements punching well above their weight. It doesn't matter who you talk to; they are all switched on."
Lisa Pepper is a noted collaborative lawyer, and recently acted successfully on a client's leave to remove application to Australia.
"Mark Freedman receives a lot of instructions from clients based abroad, often relating to complex divorce proceedings. Sources say: “His main strengths are his enthusiastic passion for the job in hand and his total dedication to his clients.”
More from LisaVIEW ALL
16.4.2024New Rules Guide Separating Couples Away From Court
New guidance, if properly applied, could effectively compel couples to try anything but court as a way to resolve their...
Read more
17.1.2024What Happens If You Lie in Family Court?
Honesty is the backbone of the English court system. Witnesses in court take an oath that they will tell the...
Read more
21.12.2023Financial Remedy Orders Explained
It is common for disagreements to arise over the finances during a divorce, even if you are on good terms...
Read more
14.12.2023What is Parental Alienation?
Sometimes, a child may turn against one of their parents due to the other parent’s manipulation or influence. This...
Read more
4.12.2023My spouse is going bankrupt. Will it affect...
Bankruptcy is on the rise in the UK. In 2022, more than 1 in 10 businesses reported a moderate-to-severe risk of insolvency. More...
Read more- 23.11.2023
What is Coercive Control?
Domestic abuse comes in many forms. When it involves a campaign of threats, intimidation and psychological manipulation, it’s known...
Read more - 16.8.2023
Child Maintenance for High Earners
How much should be paid? When separating or divorcing parents cannot agree the amount of child maintenance to be paid, (...
Read more 
7.12.2022Judge ignores pre-nuptial agreement but factors in non-matrimonial...
Case Law One of the reasons I am still passionate about family law, after 20 years in the field, is that...
Read more
24.10.2022Thirty lawyers at Osbornes noted by Legal 500 2023
Osbornes Law has once again been ranked in The Legal 500 2023. The Legal 500 is an independent legal guide which ranks leading...
Read more- 30.8.2022
Pension sharing on divorce
What is the new procedure for pension sharing? Pensions are one of the biggest assets of a marriage, yet many...
Read more 
30.8.2022What is a transfer of equity?
Transfer of equity in divorce Transfer of equity refers to the process of transferring part or all of a property...
Read more
30.8.2022Do You Have To Go To Court For...
If your divorce is uncontested and there are no disputes over issues such as what happens to the marital home...
Read more- 6.5.2022
My ex has cut me off during divorce
Can my spouse cut me off financially? Unfortunately, it is far too common that when clients say it’s over,...
Read more - 6.5.2022
Divorce Loans
How the Court views loans from parents during divorce A frequent issue in financial divorce cases is a loan from...
Read more 
12.4.2022Mediation or Arbitration: What’s best for me?
Few divorcing couples want to end up in court, which is why mediation and arbitration are faster and more effective...
Read more- 11.4.2022
Financial Dispute Resolution (FDR) for Divorce
What is FDR for Divorce? Traditionally, a divorce financial settlement is dealt with by mutual agreement between the parties or...
Read more - 18.1.2022
6 cases that shape a private children dispute
Family disputes involving children can be particularly emotive, which is why our expert children lawyers work tirelessly to understand how...
Read more - 9.12.2021
Are irreconcilable differences grounds for divorce?
If you have come across this article, it may have resulted from an online search to see if you and...
Read more - 9.11.2021
Keeping social media out of divorce proceedings
We’ve recently seen the playing out on Twitter and Instagram of the high-profile separation of actor Ioan Gruffudd and...
Read more 
9.11.2021Case Law Divorce Settlement
6 cases that shape your divorce settlement Part of what makes our divorce lawyers experts in their field is knowing what...
Read more- 22.8.2021
Leading Divorce Lawyers Recommended in Tatler
The family department is delighted to announce that two of our partners now appear in the ‘Tatler Advisory’ list of...
Read more - 10.8.2021
Child Maintenance: When is capital, income?
Reading a recent case from the Child Maintenance Tribunal, I considered it worth flagging up that the Child Maintenance Rules...
Read more - 27.4.2021
Divorce in your 60s – The Financial Implications
How common is a divorce in your 60s? The latest divorce figures from the Office of National Statistics (ONS) show...
Read more - 11.3.2021
Financial responsibilities of father on divorce
What are the financial responsibilities of a father on divorce? The period drama Bridgerton, the runaway success of the winter,...
Read more
