Separation Agreements
Expertly drafted separation agreement by experienced separation agreement solicitors for a secure future. Trusted legal advice from specialist separation agreement solicitors to help you negotiate clear and fair arrangements following separation.
Understanding separation agreements and when it is appropriate to use them
A separation is a type of agreement that can be used following the separation of either married or cohabiting couples. They set out the agreed financial division and arrangements between the separating couple. It is usually drafted in contemplation of or following the couple's separation. Our experienced separation agreement solicitors can advise on whether this approach is appropriate for your circumstances and ensure the agreement is carefully considered.
What you need to know about separation agreements
Unlike divorce, a separation agreement does not end the marriage. If the parties are married, they would need to commence divorce proceedings should they wish to end that marriage. A separation agreement is most often used by married couples where they wish to remain married. This may be as a result of religious and personal beliefs, financial benefits to remaining married (such as pensions or life insurance policies), or other reasons, or simply because they wish to reach an agreement on the financial division now, with a divorce being commenced further down the line.
A separation agreement is not legally binding on the family court. This means that if divorce proceedings are commenced later, the family court is not bound by the agreement reached in the separation agreement and may decide that the case should be settled on different terms. However, where an agreement is fair and negotiated with legal advice, the court is more likely to uphold it unless it would be unjust to do so. This is why early advice from specialist separation agreement solicitors is important.
It will therefore be necessary for married couples to decide if this is the right option for them, and whether commencing divorce proceedings with a legally binding financial consent order would be a better alternative. In many cases, married couples do choose to proceed with divorce proceedings and a legally binding financial consent order. Our family law team can discuss all available options with you to help you decide which route is best for you.
Separation agreements should cover all aspects of the parties’ financial arrangements, including assets, liabilities, income and outgoings.
We offer a no-obligation initial consultation to understand your needs and assemble the best legal team for your case. You’ll find us approachable and supportive throughout the process.
Get in touch
Start with an initial no-obligation consultation and let us guide you through your options.
Why choose our family team?
Our family law professionals are experts in this field and will guide you through the options available when separating from your spouse or partner. Our separation agreement solicitors take the time to understand your personal circumstances, ensuring you are able to make an informed decision that works best for you and your family. We recognise that there is no ‘one size fits all’ approach.
Specialist separation agreement solicitors
Our dedicated family law team has extensive experience drafting and advising on separation agreements for married and cohabiting couples across England and Wales.
Tailored advice, not a one‑size‑fits‑all approach
Clear, practical guidance on your options
We explain the legal effect of separation agreements in plain English and advise whether an alternative, such as divorce and a binding financial order, may be more appropriate.
Experienced, supportive family law team
Key legal considerations
It is important to remember that:
- Separation agreements are not legally binding
- There may be a more suitable alternative for you to consider
- Separation agreements are available for both married and unmarried couples
- Separation agreements are entered into in contemplation of, or following, separation
- There may be circumstances where a separation agreement is more suitable than divorce proceedings
Separation agreement FAQs
Yes. It is important for each party to obtain independent legal advice from separate separation agreement solicitors. This helps demonstrate fairness and ensures the agreement has been properly negotiated.
A separation agreement is not legally enforceable. If a dispute later arises, one party would need to make an application to the court for financial remedy on divorce, using the separation agreement as evidence that a fair agreement had already been reached.
A separation agreement can cover a wide range of issues, including:
- The division of property and assets
- Responsibility for debts
- Spousal and child maintenance
- Tax arrangements
- How future disputes should be managed, including mediation or other non‑court resolution methods
Our accreditations
We are celebrating another year of accreditations and rankings.
Related news & articles
Explore our library of legal articles covering every aspect of family law, from divorce and child arrangements to financial settlements and prenuptial agreements, designed to keep you informed and empowered
Meet our team
Stephanie Kyriacou
Managing Associate
Gemma Nicholls-Webber
Managing Associate
Stephanie Clifton
Senior Associate
Alexandra Haworth
Senior Associate
Contact us today
Whatever your legal needs, our wide ranging expertise is here to support you and your business, so let’s start your legal journey today and get you in touch with the right lawyer to get you started.
Get in touch
For general enquiries, please complete this form and we will direct your message to the most appropriate person.