A spearation agreement is a written agreement between two partners whose relationship has broken down and who are not yet ready for divorce of marriage or dissolution of civil partnership. It’s a written agreement that – typically – sets out your financial arrangements while you are separated. 

If your marriage breaks down but both parties do not wish to file for a divorce or cannot do so immediately, it is advisable to have financial settlement agreement setting out the terms on which you will separate. All matters arising from a separation should be negotiated between the parties. Full and complete disclosure of finances should be made by both parties. You can enter into separation/financial settlement agreement whether you are married or unmarried partners.

Deeds of Separations are private agreements made between parties and do not involve the Court but are generally recognised by the courts in any subsequent proceedings. They also substantially reduce the possibility of challenge and conflict at a later date.

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Want to have a separation/financial settlement agreement instead of divorce or dissolution and need legal help and assistance? Contact our expert team of divorce and family law solicitors in London and Manchester for fast, friendly, reliable and fixed fee legal services for separation/financial settlement agreement. Ask a question to our expert divorce lawyers for free advice online for separation/financial settlement agreement by completing our enquiry form and one of our legal experts will answer your question as soon as possible.

What Is The Difference Between Judicial Separation and Separation Agreement?

Confusingly a legal/judicial separation is different to a separation agreement/financial settlement agreement. A Judicial separation is the process of going through the Courts to formalise your separation. A separation/financial settlement agreement is a written document that notes how you intend to split your assets on divorce.

Can Unmarried Partners Also Enter Into Separation Agreement?

Unmarried couples may also find a separation/financial settlement agreement a useful way of dealing with the issue of splitting jointly-held assets and responsibilities. For example a co-habiting couple may want to formally agree on how to split the remaining rent owed on a fixed-term tenancy.

If you are not married you might find separation decisions difficult precisely because there was no formal marriage nor the opportunity for agreement on joint assets and responsibilities. The way in which you share joint interests may have evolved over time in an undefined way. Making a separation/financial settlement agreement will give you the opportunity to decide what is fair for each party and mutually agree on that decision, reducing the chance of misunderstanding or unfairness.

Even if you are separating amicably, remember that personal and financial circumstances can change - people find new partners and develop different financial requirements - it's a good idea to avoid doubt and conflict further down the line by formalising the separation with an agreement.

What Is Normally Covered By The Separation/Financial Settlement Agreement?

The separation/financial settlement agreement can cover a range of areas including:

  • Who pays the mortgage or rent, and household bills;
  • Who continues to live in the family home and/or what happens if it’s sold;
  • What happens to any debts, such as loans or overdrafts;
  • What happens to savings, investments and other financial assets;
  • What happens to any items such as cars or furniture, especially bought jointly;
  • Whether maintenance is paid to support one of you and/or any children;
  • Childcare arrangements: who any children live with and parental access.

Is A Separation Agreement Legally Binding?

Technically, no. Although the separation/financial settlement agreement can be a formal legal document, if it’s drawn up correctly by experienced legal professionals, it isn’t technically legally binding in its own right. A separation/financial settlement agreement is not a court order, and the court is not usually involved in creating it.  It is, however, a contract – so it can still be challenged in a court in the same way as any other contract. That’s why it’s important that it is properly written by a financial settlement solicitor.

A separation agreement / financial settlement agreement can often be made into a consent order later in the divorce process, by having your solicitor properly draft it and then applying to the court – so making it legally binding.

Do The Courts Give Significant Weight To Separation/Financial Settlement Agreement?

Yes, they can do, if they are properly drawn up with independent legal advice on both sides. The weight they carry in court depends on the contents of the agreement and the circumstances in which they were made, which we discuss more below.

What Conditions Need To Be Met For The Courts To Take A Separation/Financial Settlement Agreement Seriously?

If a separation/financial settlement agreement is entered into voluntarily by both parties, with the benefit of legal advice, full financial disclosure of both parties, and the terms in the agreement are fair and reasonable then it is likely that the judge will attach weight to the agreement in any subsequent court proceedings. It is important to have the separation agreement drafted by a legal expert so you get it right first time, so take the time to get it right now in case it is later challenged by either party.

It is also vital that any separation/financial settlement agreement conforms to legal conventions and legal standards in order for it to stand up in court.

For a court to consider upholding a separation agreement / financial settlement agreement as part of divorce proceedings, it would have to fulfill these conditions:

  • Both parties took legal advice before entering the agreement;
  • Both parties’ circumstances are broadly similar to when the agreement was made;
  • Both parties made full and frank financial disclosure.

What Happens If You Reconcile After The Separation/Financial Settlement Agreement?

If you resolve your issues and decide to reconcile after the separation agreement has been put into place, the separation agreement will come to an end. If you and your spouse reconcile then the separation agreement will be void.

How Can We Help With Separation/Financial Settlement Agreement?

Our team of divorce and family law solicitors will discuss the problems which have caused your marriage break down so we can establish and ensure that reasonable negotiations are taking place. A formal separation document can be drafted as a separation agreement which is a formal deed signed by both parties and contains all the detailed arrangements agreed by both parties. We can also provide legal advice on a separation agreement prepared by your spouse or his/her legal representatives.

How Much We Charge?

Our fixed fees for separation / financial settlement agreement are as given in the fee table below: 

Our Service Our Fee
Drafting and advising on separation agreement after gathering all the relevant information from one of the parties From £600 + VAT To £1,000 + VAT
Giving legal advice on a separation agreement prepared by the other party after fully reviewing the agreement From £300 + VAT To £500 + VAT

The agreed fixed fee will depend on the complexity of the matter and the volume of work involved in the matter.

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