Separation Agreements
A Separation Agreement is a private contract between separating partners—married or unmarried—that sets out how they’ll divide their finances, property, childcare, and responsibilities. It’s an alternative to court proceedings and helps formalise agreed terms during separation. It does not end a marriage or civil partnership.
Legally, you do not need a lawyer for such agreements—but getting a solicitor’s help ensures the agreement is clear, fair, and more likely to stand up in court. If you plan to use it later as the basis for a divorce settlement, legal advice now can save stress and costs later.
Legally, you do not need a lawyer for such agreements—but getting a solicitor’s help ensures the agreement is clear, fair, and more likely to stand up in court. If you plan to use it later as the basis for a divorce settlement, legal advice now can save stress and costs later.
Frequently Asked Questions
Yes, it is legally binding like any other contract—provided both parties signed freely, understood the terms, and ideally took independent legal advice. Courts can uphold it if challenged, though they have discretion to vary terms during a future divorce if circumstances have changed or it’s deemed unfair.
It can include who stays in the home, how savings and debts are divided, maintenance payments, child arrangements, and what happens in case of remarriage, death, or major life changes. Full financial disclosure and fairness increase its credibility if later reviewed in court.
Couples who are separating but not yet divorcing—or don’t plan to divorce—can use one. It’s useful for both married and cohabiting partners to record agreements on money, property, and parenting. It offers structure, protects interests, and may help prevent future disputes or legal action.
Thinking about Separation can be overwhelming, but you don’t have to face it alone. At AAGA Solicitors, we offer clear, compassionate legal guidance every step of the way. Start your no-fault divorce journey with confidence—speak to our family law experts today. Your clarity begins with a conversation.
