A separation agreement sets out your financial arrangements when you separate, enabling you both to live separate lives while you consider where your marriage or civil partnership goes from here.
Separation agreements are most commonly used by married couples or civil partners who are considering divorce or dissolution but don't want to rush into making such an irrevocable decision.
They are also used by people who don't wish to divorce for religious reasons, or who can't yet divorce or have their civil partnership dissolved because they haven't reached the 12-month mark.
What should a separation agreement include?
Separation agreements set out your financial arrangements while you are living apart, and generally cover areas such as:
Houses and property: Which of you will live in the family home and whether or not it should be sold
Childcare arrangements: Where your children will live and what parental access and financial arrangements will be made
Mortgage and bill payments: What proportion of these will you both pay
Debts: Who will be responsible for clearing them
Savings and investments: How these will be managed and divided if necessary
Possessions: What will happen to joint possessions ranging from cars and artwork to furnishings and items of sentimental value
Pets: With whom the pets will live with and what access the non-resident party will have
Is a separation agreement legally binding?
Separation agreements aren't legally binding in their own right. However, it is still a formal contract and in the event of a dispute it will carry a certain amount of weight in a court of law.
That's why we recommend that you use separation agreement solicitors to draw up any separation agreement. Our separation solicitors have the experience to understand the protections you need, and to draft the agreement as clearly as possible. This is important, not least because if you do find yourself seeking a divorce or dissolution of a civil partnership, your separation agreement should be suitable for submission to the court where it can be made the subject of a legally binding consent order.
Why should I get a separation agreement?
There are three compelling reasons why a separation agreement can be a good idea, besides the fact that you can't seek a divorce or dissolution within the first 12 months of a marriage or civil partnership. For example:
It gives you time for consideration: Some divorced couples subsequently remarry, having found that they were hasty in seeking the finality of divorce proceedings. Separating under the terms of a properly drafted Separation Agreement can give you both the time and financial stability to think before taking such an important decision
It could enable a more amicable divorce: By discussing issues outside of the context of a divorce, it can make conversations less confrontational and ensure that, should things progress to a divorce later, many issues have already been agreed upon
It could cost you less: As a divorce following a separation agreement is likely to be more amicable, it’s highly likely that you’ll pay less for legal support in the long run. For amicable divorces, we offer a fixed fee service at £540 + £593 court fees.
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint.
C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf.
J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued.
B L (family and personal matters case)
Why choose Slater and Gordon’s separation agreement solicitors?
Our separation agreement solicitors have many years’ experience in helping married couples and civil partners draw up an amicable separation agreement, and can provide industry-leading advice in an initial 45-minute consultation for just £150 (inc. VAT). We can help you draft an agreement to reflect the wishes of you and your partner, handle negotiations through any disagreement, and advise you on the implications of signing a separation agreement.
Led by our head of family practice, Georgina Chase, our family law team has received recognition and numerous accolades from the legal industry. Georgina herself is ranked in the independent legal directory Chambers and Partners, and many of our team are recognised in the Legal 500.
We are proud members of Resolution, an organisation of family justice professionals committed to promoting a constructive approach to family issues and have office nationwide so we’re able to bring our expertise to your doorstep.
We are an award winning law firm and have a dedicated team of family solicitors to advise and guide you – no matter how complex your situation may be.
Affordability and advice
We offer affordable, expert legal advice on divorce and child arrangements. Book a consultation for clear guidance and next steps. Our assessment helps you understand your situation and make informed decisions. Consultation charged at £150 for 45 minutes.
Tailored advice
We understand that family situations differ – so we are able to provide tailored advice and guidance to suit your individual needs.
Local access
We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.
Frequently asked questions about separation agreements
Do I need a lawyer for a separation agreement?
While separation agreements aren’t legally binding in themselves, a court will take them into consideration should you and your partner subsequently decide to file for divorce. Therefore, it is strongly recommended that you speak to a specialist separation agreement solicitor for legal advice before signing an agreement, as the terms could have repercussions in any divorce proceedings.
How much does a separation agreement cost?
The exact cost of a separation agreement will depend upon how much negotiation and legal advice is required. Our separation agreement solicitors can provide you with expert insight and specialist advice during a 45-minute initial consultation for just £150 (inc. VAT).
For anyone needing help with family issues I could not recommend Slater and Gordon highly enough. I always had the feeling I had the best looking after my interests and they certainly didn't disappoint. C I (family and personal matters case)
Matters were dealt with efficiently with a view to keeping costs to a realistic level and I am well satisfied with the final settlement she managed to achieve on my behalf. J B (family and personal matters case)
The best solicitors to fight your corner! I struggled with a nasty unmarried couple dispute alone for over a year before biting the bullet and paying for proper legal support. I had one previous experience with a cheaper less well known solicitor and I just felt completely let down and not a priority. But with S&G - from start to finish, I felt supported 100% and valued. B L (family and personal matters case)