Separation agreement  

About this separation agreement

When a relationship ends and partners go their own ways, there can be a great deal of uncertainty as to who will pay previously joint bills, how possessions and assets will be split, and who will look after the children.

For married couples, a separation agreement like this one (sometimes called a deed of separation) provides certainty as to how each person will live while a divorce is being settled.

It is also suitable for:

• couples who are separating having not married, and for
• couples looking to end a civil partnership or same sex union.

This separation agreement provides both parties with a degree of protection and certainty in what would otherwise be a very uncertain time.

Why use this separation agreement

There are a number of reasons to use a written deed of separation:

• Prevent future arguments

A separation agreement is a written record of what you agreed between yourselves. After signing the document, it is more difficult for one person to argue that he or she did not agree to something.

• Save time and money on solicitors

Solicitors can be good negotiators and can offer good advice on entitlements, but there is nothing in a separation agreement that requires legal knowledge or a solicitor. This document achieves much the same as a solicitor would do for you after a few meetings. Unless you want a solicitor for another reason, you can save time and money by completing this document yourself instead of asking him or her to do it for you at a high hourly cost.

• It could form the basis of a consent order in divorce

If you can demonstrate that the agreement has worked well for a period of time, a judge could let it form the basis of a consent order in divorce proceedings.

• Keep the relationship amicable

Court proceedings inevitably become acrimonious. There is a much greater chance of keeping your future relationship friendly (and agreeing a split that suits both parties, keeping joint friends and making access to children easier) if you can work out together the details of the separation before you reach a court. A deed of separation can make divorce process easier, faster and less stressful because many of the difficult things have been agreed already.

The law on separation agreements

A separation agreement is not binding in the same way as a commercial contract. The Court still has a complete discretion to make an order in different terms. However, when or if you do have to go to court, it is likely that the judge will make an order (which will be binding of course) in the terms of your agreement provided:

• the agreement is fair;
• you both worked on the agreement without pressure and entered into it freely;
• it covers all your assets after full disclosure;
• it remains fair today.

The extent to which a judge will stay with the agreement reflects the level of his acceptance of the above three points.

If one of you is in breach of the deed of separation and the other goes to court to enforce it, the judge will make an assessment as described above and will enforce the agreement to the extent that he feels is right.

Note: children arrangements have no legal standing at all. The court will take no account of what you have agreed but will start afresh in considering the interest of each child. Of course, if a satisfactory arrangement is in place, it is likely that he will order that the arrangement should remain undisturbed. It is always worth making arrangements for your children because it is bound to be in their interests to have a secure and firm framework for their lives.

Completing your separation agreement

The agreement is straightforward and easy to complete. You don't need to involve solicitors or go to court.

This deed of separation provides for detailed disclosure, but we do not try to anticipate every asset you may have. You must be very thorough in your disclosure.

Next, you should discuss what you want from the separation. You may need to instruct experts (such as an accountant and/or a surveyor) to value financial and physical joint assets.

This template provides for you to set down your exact arrangements for your children. Although not binding on the Court, your agreement together will reduce the risk of future disagreement, as will all other aspects of your lives.

Separation agreement contents

The document includes paragraphs that cover:

• Details of the parties, including the separation date
• Details of any children, if applicable
• Arrangements for the disposal of the house by sale, or
• An option for one party to keep the matrimonial home and be bought out by the other
• Payment of outgoings such as bills and other expenses – who will pay
• Division of other possessions and household property
• Assignment of insurance policies (you may additionally need: Deed of assignment: life insurance policy or endowment policy)
• Division of business property
• Maintenance payments for the spouse and any children
• Lump sum payments
• Conclusion of joint accounts
• Option for the parties to agree to petition for a divorce after two years separation
• Child maintenance arrangements
• Parental rights arrangements

Reasons to buy from Net Lawman

Full money back guarantee – buy with confidence
This document comes with a no questions asked full money back guarantee. You take no risk that it might not be right. Once you buy it, we’ll give you 30 days to evaluate it in any way you want. If for any reason you’re not happy, just e-mail us and we’ll refund your money in full immediately.

Guidance notes included - prior legal knowledge is not required
Comprehensive guidance notes, written by the author of the document, are included. These notes ensure that you don’t need to be a lawyer or have knowledge of the law to understand which paragraphs you should edit to complete the separation contract.

Minimal editing required
This agreement has been written specifically in such a way that you don’t need to spend hours editing it. It uses an approach where you remove the sections that aren’t applicable to you, so you don’t have to add any back, write your own, or worry about whether you are using correct legal language.

Paragraphs have been written to stand alone from each other. Removing one that isn’t applicable to your circumstances doesn’t affect the standing of any other in the template.

Plain language minimises future disagreements
Your separation agreement is real law written in plain language that all parties will understand. This will minimise the likelihood of later disputes or misunderstandings.

Delivered straight to your inbox
As soon as you complete the secure checkout process, we will send your deed of separation straight to your inbox. We will also keep a copy for you for 60 days in our customer area so you can access it even when you are away from your e-mail.

Still unsure whether this is the right document for you?
If you are unsure whether this separation agreement is suitable for your particular circumstances, then you have two options. The first is to buy now, evaluate the template, and use the 30 day, full money back guarantee to obtain a refund if it isn’t suitable. You take no risk in seeing the document. The second option is to contact us using the link below and ask. We can’t offer you legal advice on your situation, but we can help you find the document you want. We aim to respond to your question within 24 hours.