There may be occasions in a marriage or civil partnerships where there a need for some breathing space. A separation that might be temporary or simply because there is not the immediate need to divorce or apply for a dissolution of the civil partnership. In these circumstances, Separation Agreements are often considered.  

Also called a ‘legal separation’, it allows you to document how your separation will work and how you can both manage your finances whilst you consider if there is a chance to reconcile, or if you have been married less than a year.

The Agreement formally sets out financial matters such as which bills each party will pay, who will pay the rent or mortgage and whether there will be spousal and childcare maintenance payments. Separation Agreements also spell out what will happen with the sale proceeds if a shared asset or property is sold. 

It is also beneficial to enter into such an Agreement if there are assets from a previous marriage, as you may want to agree what is, and what isn’t, matrimonial assets. It can also be used to confirm the arrangements any children.

Are They Legally Binding?

Most often, the financial agreement contained within a Separation Agreement is reflected in a financial consent order when you come to divorce or apply for a dissolution of your civil partnership. However, if one party challenges the Agreement, the court could disregard the terms. Nevertheless, if such a document is drafted correctly, it is easier to persuade the court that it should not deviate from the terms. Our divorce and civil partnership solicitors at Robertsons Family Law can help you draft your Separation Agreement to hold up in court.

Our team can advise and assist in catering for your individual needs.  We can discuss why a legal separation may be the best route for you. We will explain what needs to be done straightforwardly and guide you through drafting the Agreement customised to your situation. 

FAQs on Separation Agreements