Separation Agreements

A separation agreement is a legally binding contract for separating couples, whether married, in a civil partnership, or cohabiting. It clearly outlines agreed practical arrangements, such as dividing finances, managing property, and organising child care. It helps resolve disputes and sets clear expectations before a formal divorce or to cleanly untangle shared lives.

Yes, they can. Because unmarried couples do not  share the same legal rights as married couples, having a clear written agreement is highly beneficial. It allows you to formally record how you will divide shared property and organise childcare, providing certainty and helping to prevent future disagreements.

You need one if you want to clearly record practical decisions after deciding to part ways, but aren’t quite ready for a formal divorce. It is also essential for unmarried couples seeking legal protection for their shared decisions. Ultimately, a written agreement gives you the confidence to move on with your life while avoiding expensive, drawn-out court battles.

You do not strictly need a solicitor to write a separation agreement, but we highly recommend using one. If you both take independent legal advice before signing, a judge is much more likely to uphold the agreement in the future. We help ensure your document is fair, thoroughly drafted, and protects your interests.

A separation agreement outlines how you will divide your assets and manage responsibilities after you separate. This typically covers who will live in the family home, how you will split assets, savings and debts, child maintenance, and any ongoing financial support for either person.

A separation agreement is a formal contract, but it is not automatically legally binding in a family court like a court order. However, if it is drafted correctly, you both fully disclosed your finances, and you both received independent legal advice or had the opportunity to do so and understand the meaning and effect of the agreement, and the terms of the agreement are fair a court will usually uphold the terms.

When finalising a separation agreement, the timeframe depends entirely on how quickly you and your ex-partner reach an agreement. If your finances are straightforward and you both agree on the details, it can take just a few weeks. If you have complex financial matters or need to negotiate back and forth, the process can take a few months.

Yes, you can change the separation agreement later, provided you both agree to the updates. You will need to draft a new document or an official addendum to reflect the changes. If you want to change the terms but your ex-partner does not agree, you may need to apply to the court for assistance.

The cost of a separation agreement varies depending on the complexity of your situation and how much time it takes to negotiate the terms. We always provide transparent pricing and give you a clear, straightforward estimate once we understand your specific needs.

No, a separation agreement is not a legal requirement for divorce. However, it gives you peace of mind and financial clarity if you plan to live apart for a while before you officially start divorce proceedings.

Yes, you can include practical details about your children in the separation agreement. This covers who they will live with, when they will spend time with the other parent, and how you will handle schooling and child maintenance payments.

A separation agreement is a mutual contract you make while you are separated, the court has no input in respect of the drafting nor execution of the agreement. A financial order is a legally binding court document made during a divorce. A financial order provides permanent financial finality and cuts financial ties between you and is approved and sealed by the court.

Yes, both parties must agree to the terms of a separation agreement. It cannot be imposed on one party without their consent.

Absolutely. We know pets are a vital part of the family. You can include details on who the pet will live with, schedule times for the other person to see them, and agree on how you will share vet bills and food costs.

The right choice depends entirely on your current situation. A separation agreement is ideal if you are not ready to divorce just yet but want clear financial ground rules now. A consent order is better when you are officially divorcing, as a judge approves it, making your financial agreement completely legally binding and final. When you’re an unmarried couple separating and have assets and/or children, then a separation agreement is advisable.