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Family Law Solicitor A separation agreement – often also referred to as a deed of separation – is a written contract between two people who have decided to end their relationship and live apart. This type of agreement is used by both married and unmarried couples to specify how various practical, financial, and personal matters will be managed following the breakdown of their relationship.
A separation agreement can be especially helpful for couples who are not yet ready or willing to pursue a formal divorce or the dissolution of a civil partnership. Sometimes, they decide to separate temporarily before making more permanent choices about their future. Religious beliefs, financial consequences, or personal circumstances might discourage some people from seeking a divorce or dissolution. Cohabiting couples who are not married or in a civil partnership can use such agreements to gain clarity and protection, especially as the law does not offer them the same rights as spouses and civil partners.
Creating a separation agreement
The parties shape the contents of a separation agreement based on their specific needs and circumstances. However, most agreements address key issues such as who will live in the family home, whether they will sell the property, how they will divide joint bank accounts and savings, and how they will handle debts. The agreement may also outline arrangements for any children, including where they will live, how much time they will spend with each parent, and how each parent will contribute to their financial support. In cases where one party has been financially dependent on the other, the agreement may also outline terms for ongoing financial support.
Is a separation agreement legally binding?
Separation agreements are not legally binding, but courts take them seriously, especially when the parties have prepared them properly. To help ensure the court upholds the agreement, both parties must enter into it voluntarily and fully understand its implications. Ideally, each person should receive independent legal advice and disclose their financial circumstances fully and honestly. Ultimately, the terms of the agreement should be fair and reasonable at the time of signing.
One of the main benefits of a separation agreement is that it offers structure and certainty during what is often an emotionally difficult time. By agreeing on matters beforehand, the parties can avoid unnecessary conflicts and reduce the likelihood of disputes in the future. If the couple later chooses to proceed with a divorce or dissolution of their civil partnership, the separation agreement can often serve as the foundation for a legally binding consent order, making the legal process easier and less confrontational.
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Legal separation vs separation agreement
Sometimes, there is confusion about whether a separation agreement and legal separation are the same. However, legal separation – sometimes referred to as ‘judicial separation’ – is a formal separation sanctioned by the court; it is far more than a couple deciding to live apart and enter into a separation agreement. Legal separation enables the court to make orders regarding the division of money and property, similar to those made in divorce or dissolution, without terminating the marriage or civil partnership.
In summary, a separation agreement is a practical tool for couples who are separating but not yet ready or able to take formal legal action. While it does not carry the same legal weight as a court order, it can still provide significant protection and peace of mind if properly prepared. However, taking early legal advice is strongly advisable to ensure the agreement is fair, comprehensive, and likely to hold up in court.