A ‘legal separation agreement’ is a written contract that sets out in detail how you and your partner will divide your money, assets and liabilities and handle childcare after you separate. In the UK, it is often called a ‘separation agreement’ or a ‘deed of separation’. Couples enter into legal separation agreements when they decide to live apart but do not want to divorce or dissolve their civil partnership. You can use a separation agreement if you want time to decide your future, if your religion or beliefs do not permit you to divorce, or if you are unmarried and want a clear record of the terms of your separation. Legal agreements are also used by people who want to separate on good terms and avoid conflict later.
It is important to understand that a separation agreement does not end your marriage or civil partnership. Only a formal divorce or dissolution can end a legal relationship. Check our article to understand more about Legal Separation Benefits and Disadvantages in the UK .
In England and Wales, a separation agreement is not automatically legally binding under family law like a court order. With that said, the courts will usually uphold the agreement if it becomes necessary to do so as long as it was drafted in a legally valid way, the terms are fair, and both people understood what they were signing.
What can be included in a legal separation agreement?
Legal separation agreements can cover a range of important matters, including:
- How property and other assets will be divided
- How liabilities and debts will be split
- Who stays in the family home, and how long for
- How the mortgage or rent will be paid
- How debts and joint credit accounts will be managed
- Childcare arrangements, including where children live and when they see each parent
- Child maintenance payments
- Financial support for a spouse or partner
- Plans for selling a property in the future
- How savings, pensions and investments will be divided, and
- Who will cover household bills and living costs
Ultimately, the more details you include in your legal separation agreement, the better. Doing so will reduce the potential for disagreements and help the court understand what you both agreed to if there is a divorce or financial application later on.
Can you make a legal separation agreement legally binding?
Even though a separation agreement is not legally binding under family law in the same way a court order is, it can still be binding under contract law if it meets certain requirements. For a court to respect the agreement and treat it as a valid contract, it should meet these conditions:
- Both people had independent legal advice before signing
- Both made full and honest financial disclosure
- The terms were fair and reasonable at the time they were agreed
- Neither person was pressured into signing
If these conditions are met, the agreement is more likely to be enforceable in court. For example, if one person stops paying the mortgage even though the agreement says they will cover it, the other may be able to take action under contract law.
If you want the terms of a separation agreement to become legally binding in family law, you can ask the court to turn the agreement into an order later. This can be done in two ways:
- During a divorce, you can apply for a consent order using the separation agreement as the basis for your financial settlement, or
- If you choose judicial separation, you can apply for a financial order and ask the court to reflect the terms of the agreement.
In both cases, the court decides whether to approve the terms. It will only do so if the agreement was fair and properly prepared.
FAQs about legal separation agreement
How long does a separation agreement remain valid?
A legal separation agreement remains valid until you both agree to replace it or until the terms are completed. It can also be replaced by a court order during a divorce or judicial separation. Many couples rely on it for months or years before they reach a final settlement.
Do I need a lawyer for a separation agreement?
It is recommended that you and your partner each take legal advice before drafting and signing a separation agreement. This shows the court that both of you understood the agreement and signed it freely. It also reduces the risk of future disputes and improves the chances of a court respecting the agreement later.
What are the benefits of having a legal separation agreement?
Benefits of having a legal separation agreement in place include:
1. You both know where you stand with money, property and childcare
2. It reduces confusion during a stressful period
3. It gives structure to your arrangements until you decide on divorce
4. It can support a smooth financial settlement later
5. A court is more likely to respect your decisions if they were recorded clearly and fairly
