A separation agreement may be helpful if you’re thinking about getting divorced or dissolving your civil partnership in England, Wales or Northern Ireland, but aren’t sure if you want to file papers yet.
It’s a form of written agreement that sets out financial and other arrangements if you and your spouse or civil partner decide that you don’t want to stay living together as a couple but aren’t yet ready for divorce. It could also be useful if you haven’t been married long enough for a divorce but need to agree on the finances.
It puts the agreed arrangements for money, property, pension, childcare and more into writing, setting out what you’ve decided about dividing up your savings, deciding where any children will live once you separate, and what happens to your shared home. It can help you to decide who lives where, who’ll pay the mortgage and bills, until you decide if you want to go ahead with filing for a divorce or dissolution.
What is the difference between divorce, separation and a separation agreement?
- Divorce legally ends a marriage, while separation sets out any terms for living apart,
- Divorce is legally binding, a separation agreement is not, but the court may consider the terms agreed on in a separation agreement during subsequent divorce proceedings.
Check out divorce -vs- judicial separation or separation for more information.
What if we plan to divorce?
If you want to divorce your spouse or dissolve your civil partnership as soon as you separate, you don’t need a separation agreement. In this case, you’ll be able to set out everything you’ve agreed about the finances, assets and children of the family in a consent order.
Is a separation agreement legally binding?
No, but although a separation agreement isn’t legally binding, if you eventually decide that you want to divorce, the court will use the terms in the separation agreement to help it consider any legally binding consent orders. In most cases, a financial order by consent can be made in the same terms.
What should the agreement cover?
- how much each person contributes to rent/ mortgage or utilities.
- who can remain in occupation of the family home
- handling of shared debts
- dealing with the proceeds from property sales
- managing pensions, bank accounts and credit cards
- what happens to jointly owned property like cars and furniture
- arrangements for family pets
- financial support for one person or children
- custody and visiting arrangements for children.
- school decisions and other child related matters.
Both you and your ex-partner will need to be open about the state of your finances. This is called ‘financial disclosure’. You’ll need to be prepared to be honest about what you have in
- debts
- savings
- property
If you’re not honest, you might not be able to rely on the agreement in any future divorce or dissolution proceedings.
How much does a separation agreement cost?
The cost of a separation agreement varies based on the complexity. Contact us for pricing.
Contact Vanessa, our settlement lawyer, to help with:
- Initial legal advice
- Explaining the implications of signing a separation agreement and advice on whether one is appropriate in your circumstances.
- Gathering financial information and drafting financial details
- Writing the separation agreement to reflect your agreement.
- Handling negotiations and amendments if needed.
- Finalising and signing the agreement.