What is a Separation Agreement?

Separation occurs when spouses in a marriage stop living together.

Married couples may separate as an initial step in the divorce process or to gain perspective on the marriage and determine if a divorce is warranted. But what is a Separation Agreement and do you need one?

What is a Separation Agreement?

It is a formal agreement entered into by two people who are separating as their marriage has broken down.

The Agreement sets out the terms of their separation including how assets, debts and responsibilities for their children (if applicable) will be divided. Separation Agreements can be a helpful way to resolve financial and parenting issues amicably and can be beneficial for couples who do not know if they do not know whether they wish to apply for a divorce.

Why would I need a Separation Agreement?

There are many reasons as to why you should get an Agreement, even if you and your partner think you can agree on everything amicably.

You may want to separate from your spouse but do not want to finalise your marriage by applying for a divorce or to dissolve a civil partnership.
You are not able to apply for divorce as you have been married less than 12 months.
You both wish to set out financially how your assets and liabilities are to be dealt with.
It can help you provide protection for your children by setting out clear arrangements for their care and support, by doing so this can reduce any potential conflict or uncertainty for your children during a challenging time.
It will set out your respective positions so that if and when you decide to issue divorce proceedings at a later stage, you can simply ask the Court to translate the Agreement into a final binding order.

What should a Separation Agreement include?

The agreement will include the following which will be relevant to both partners:

What will happen to the family marital home
Division of any savings, debts, inheritance and pensions
Amount of Spousal maintenance (if any)
Arrangements for the children (where they will live, how they will spend time with each parent and financial support)
Amount of child maintenance, if not being dealt with through the Child Maintenance Service

Do I need a solicitor to get a Separation Agreement?

A solicitor will:

Help you negotiate the terms of the agreement and ensure that it is fair between both parties.
Protect your rights and interests.
Review the agreement before you sign the document and will make sure you understand all of the terms and that the agreement is your best interests.

Important points to have about a Separation Agreement:

You must both want to enter into such an agreement.
Your spouse/civil partner cannot be forced to enter into such an agreement.
It is not a final binding order so various conditions need to be complied with in the drawing up of such an agreement to ensure that it is as watertight as possible.

If you do not have a solicitor, it is a complex process so it is crucial you understand the terms of the Separation Agreement in which a solicitor will guide you through the agreement and support the best outcome for you.

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