What is a Separation Agreement?
A separation agreement is a written agreement recording arrangements made between a couple following the breakdown of their relationship.
It can be particularly useful where a married couple or civil partners have decided to live separately but do not currently want to divorce or formally dissolve their civil partnership. It may also help provide clarity during the period before divorce or dissolution proceedings and the final resolution of financial matters.
The contents of an agreement will depend entirely on your circumstances. It can record how you intend to deal with property, household expenses, savings, debts and other financial responsibilities while you are separated.
It is important, however, to distinguish a separation agreement from a financial order made by the Family Court. If a married couple or civil partners subsequently divorce or dissolve their civil partnership, an agreement between them does not automatically prevent the court from considering financial claims. Where a divorcing couple agrees how their money and property should ultimately be divided, a consent order approved by the court is generally required to make those arrangements legally binding within the divorce proceedings.
That does not mean a carefully prepared separation agreement is without value. The circumstances in which an agreement was reached, the information available to each person and the fairness of the arrangements can all be important if financial matters are considered later.
Our separation agreement solicitors can explain what the document will and will not achieve and help ensure that you enter into any agreement with a proper understanding of its implications.
Would a Separation Agreement be Right for Me?
A separation agreement may be worth considering if you and your partner have decided to separate and want greater certainty about how your financial affairs will operate.
You may have decided that you need some time apart before making a final decision about divorce. You might have personal, practical or religious reasons for remaining married despite living separately. Alternatively, you may simply want to establish clear financial arrangements now while considering your longer-term options.
An agreement can also be valuable where you have been able to discuss matters constructively and want a written record of what has been decided. Verbal arrangements can be interpreted differently as time passes. Recording your understanding clearly can reduce uncertainty and provide both parties with a point of reference.
However, signing an agreement simply because you want matters resolved quickly is not always advisable. Before agreeing terms, it is important to understand your financial position and what you may be giving up. If significant assets, property, pensions, businesses, investments or substantial differences in income are involved, obtaining appropriate advice becomes particularly important.
The suitability of a separation agreement also depends on what you ultimately want to achieve. If you have made the final decision to divorce and want to resolve your financial relationship conclusively, it may be more appropriate to consider divorce alongside a financial consent order rather than relying upon a separation agreement alone. Government guidance confirms that couples who want an agreed division of money and property to become legally binding on divorce need to ask the court to approve a consent order.
At Pinnington Law, we will look at the wider picture before recommending a particular approach. Our priority is to help you choose the solution that best protects your position and supports the future you are working towards.
Our Process for Preparing a Separation Agreement
We will start by understanding your circumstances, what has already been agreed and what you want the separation agreement to achieve. We will also explain what financial information may need to be shared before terms are finalised.
Once the position is clear, we can help negotiate any outstanding issues and prepare or review the agreement so that it accurately reflects the arrangements you have reached. Your former partner will usually be advised to obtain independent legal advice before the agreement is signed.
Before you commit to the agreement, we will explain its terms, any potential risks and how it could affect your position if you later decide to divorce or dissolve your civil partnership.
Frequently Asked Questions for Separation Agreements
