What is a Separation Agreement?
A financial Separation Agreement in England and Wales sets out how you’ll divide your money and property when you end your relationship and stop living together as a couple. You can have a Separation Agreement whether you’re ending a marriage (before you divorce), a civil partnership or a cohabiting relationship. The agreement sets out things like who will pay the rent or mortgage, which bills you will each pay, whether one person will pay any child or spousal maintenance and what will happen to the proceeds of sale if a property or asset is sold.
When would I need a Separation Agreement?
1. If you’re not ready to divorce
If you’re not ready to divorce but want to legally document your financial arrangements, a Separation Agreement will enable you to divide your money and property without starting divorce proceedings. However, the agreement is not enforceable by the court.
Separation services2. If there’s a chance of reconciliation.
If you want some breathing room to decide whether you and your ex-partner should divorce or end your civil partnership, a financial Separation Agreement allows you to outline how it could work without legalising through the courts.
3. If your relationship ends when you’re cohabiting.
A Separation Agreement will legally document how you and your ex-partner should divide your money and property if you're not married and you separate.There may be many more reasons why a couple may choose to have a Separation Agreement.
What is a binding Separation Agreement?
A Separation Agreement is legally binding but not enforceable by the court. A Separation Agreement must be entered into voluntarily and you must have completed a full financial disclosure if you are relying on a Separation Agreement to be used as evidence should a claim or court proceedings take place in the future. You can also have your Separation Agreement turned into a financial consent order by the court when you divorce/end your civil partnership if it’s been correctly drawn up. If you require any help drafting either your Separation Agreement or consent order, amicable offers a drafting service for both.
Get a consent orderHow much does it cost to get a Separation Agreement?
It depends on which route you choose. For example, the guideline hourly rate for a solicitor/lawyer with around four years’ experience nationally is between £177 - £192. amicable offer a fixed price Separation Agreement service for £900 per couple / £450 per person. This service is for couples who want to document how their finances will be separated. If you’re not fully committed to the idea of getting divorced/ dissolving your civil partnership, a Separation Agreement is a good idea to keep things amicable in the interim.
Get a separation agreementHow do I enforce a Separation Agreement?
Separation Agreements aren’t enforceable. If you would like your financial agreement to be made enforceable explore the points below:
For married couples/ couples in a civil partnership:
Get a consent order, which is the legally binding document that will formalise your financial arrangements through the courts and end the possibility of future claims.You will need to be at the conditional order (previously called the decree nisi) stage before you can apply for your consent order to the court (which is around halfway through the divorce/dissolution process).
Once a judge has approved the consent order and you’ve reached the final stage of the divorce/dissolution, it is legally binding and can’t be undone. If you would like to learn more about consent orders and what they are, read our helpful consent order guide.
For cohabiting couples:
Separation Agreements aren’t enforceable. If you woulIn England and Wales, there is no legal documentation available yet that will make your financial arrangements legally enforceable. However, a Separation Agreement is a contract agreed upon by two people and, depending on its terms, can be easily enforced. If you’d like to speak to one of our experts today about your personal situation, book a free 15-minute consultationd like your financial agreement to be made enforceable explore the points below:
Book a free 15-minute advice callFAQs
Does a Separation Agreement have to be filed anywhere?
In short, a Separation Agreement doesn’t need to be filed; however, if it’s being drafted as a Deed of Separation, it must meet the legal requirements. Ie. It needs to be properly drafted, witnessed as a deed, signed by both people, etc.
Do I need a Separation Agreement?
No, you don’t need a Separation Agreement, but it’s a good idea if you want to split your finances before you are divorced/ dissolve your civil partnership.
Do the courts attach significance to Separation Agreements?
Yes, a Separation Agreement can be used as evidence in court. However, this will depend on how it’s been drafted.
What conditions need to be met for the court to take a Separation Agreement seriously?
Two people who decide the terms together must enter it into' willingly'.
When might the court not uphold a Separation Agreement?
A court may not consider a Separation Agreement, during the financial remedy process if any of the terms are deemed unfair or a significant period passes, which affects the enforceability of the terms. Talk to one of our experts today to discuss whether this might be the most amicable option for you.
Does this apply across the UK?
The above information applies exclusively to England and Wales as they are covered by the same laws, however, you can also have a Separation Agreement in Scotland and Northern Ireland.
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