Separation

A separating couple, whether married, in a civil partnership or cohabiting, who separate on amicable terms can enter into a minute of agreement, often called a separation agreement.

What is a separation agreement?

A separation agreement can regulate some or all matters arising from the breakdown of the relationship, such as the division of assets and debts, maintenance and other payments and care arrangements for children. Usually, upon the agreement being signed, the parties give up the right to make further financial claims against each other and, if applicable, the right to inherit from the other. A separation agreement is a binding legal contract in the way it regulates financial matters.

How do I get a separation agreement?

A formal agreement can be drafted by a solicitor following amicable discussion either between the separating couple directly or with the help of a solicitor or mediator. Commonly, an agreement is reached through discussion and correspondence between solicitors after each party has had the benefit of legal advice.

Can a separation agreement be changed later?

Generally, if parties have entered into a separation agreement with the benefit of legal advice, the financial aspects cannot be revisited or undone in the absence of agreement between the parties.

There are exceptions to this, however, which is why it is so important that you obtain legal advice before signing such an agreement.

Does a separation agreement mean that I am divorced?

No. After a minute of agreement is signed and registered, if the parties are married or in a civil partnership, a formal divorce or dissolution is still required.