Separation Agreements

Not all married couples who separate wish to divorce. For various reasons, less formal separation may be a more attractive option than divorce and can be recorded in a Separation Agreement. 

What are Separation Agreements?

Separation Agreements set out in clear terms how a couple intends to manage their circumstances on separation. Although not currently binding in England and Wales, they offer clear evidence of the parties’ intentions should they later divorce and go before a Judge (on a contested basis) to settle their finances. 

If the parties still agree the Separation Agreement terms when divorce proceedings begin, an Order can be drawn up in those original terms, then making those terms legally binding and enforceable.

What matters do Separation Agreements deal with?

Separation Agreements frequently deal with matters such as:

  • The family home
  • Pensions
  • Accounts and investments
  • Personal belongings

Separation Agreements can also cover:

  • Arrangements for the children
  • The parties’ preferences as to the grounds for divorce

The benefits of drawing up a Separation Agreement

A Separation Agreement will not provide the finality of a divorce but undertaking the practical exercise required to set up a Separation Agreement can be of great benefit to a couple in addressing the financial aspects of possible future separation..

How our team can help you

We strongly recommend that any couple intending to separate considers the benefits and pitfalls of a Separation Agreement. Spratt Endicott offers an initial Fixed Fee Appointment, at £95 including VAT, to advise on Separation Agreements and, if appropriate, take instructions to begin drawing up such an Agreement.

Getting in touch

For more information please email Patrick Mulcare pmulcare@se-law.co.uk or Gemma Davison gdavison@se-law.co.uk. Alternatively you can contact us by telephone on 01295 204000.