Can I get a Separation Agreement?

Couples who separate, sometimes want to reach agreement regarding their children and finances without proceeding with a divorce. In these circumstances, it may be possible to draw up a Separation Agreement.


In a Separation Agreement a couple can set out and agree exactly how they wish assets to be divided. They can consider a range of issues, including property and financial assets, contact arrangements for children, maintenance for children and former partner and any other issues of concern.

The one issue that cannot be adequately dealt with in a Separation Agreement is pension share arrangements. A Separation Agreement could deal with intentions in relation to pensions, but a pension share could not be effected without an order from the court.

Separation Agreements are not strictly binding upon a court, but if both parties have benefitted from legal advice and if certain key issues have been adequately addressed by the parties prior to signing the Agreement, it is most unlikely that the court would impose an order materially different to the terms agreed.

Please ask about our fixed fee service available for the negotiation and preparation of a Separation Agreement.

Talk to a member of our family team in confidence about divorce or to arrange a no obligation initial consultation.