What is a separation agreement?

A separation agreement can be entered into by couples who are separating but who do not want to divorce or dissolve their civil partnership at that time. This can be for various reasons, including not being ready to take that step or for religious reasons. It is a contractual agreement which deals with your agreement to live apart. Couples will often enter into an agreement which sets out the terms of the financial agreement. The circumstances of everyone’s situation are different, so you should seek legal advice to ensure that it is appropriate for your case.

Separation agreements are not binding on the court in the event of your divorce or dissolution. You cannot contract out of the court’s jurisdiction to make orders for financial provision and the court is entitled to overrule your agreement in certain circumstances. However, the existence of a separation agreement will be one of the factors that the court considers and it may have a persuasive influence on the outcome of any future application/proceedings.  This will be dependent upon the circumstances of your agreement, including whether or not both of you had all of the information available to you at the time of entering into the agreement in order to make an informed decision, with legal advice. The court will also look at whether the outcome of the agreement is fair and meets needs.  

It is therefore important to seek legal advice at the point of considering an agreement.

Likewise, if you have an agreement and an application for divorce has been made or is anticipated, speak to a solicitor to ensure your agreement should not be varied and prior to entering into your final order.

Contact the Harrowells' Family Law Team if you would like advice on whether a separation agreement would be suitable in your circumstances.