This straightforward separation agreement comprehensively covers all the areas you need to consider if you and your husband, wife or partner have decided to go your own separate ways.
By agreeing now how you will divide your property and personal possessions, cash and savings in joint bank accounts and other assets, you will have more certainty about the future and be able to move on faster in your own life.
The document is suitable if you are married or in a civil partnership (perhaps in anticipation of divorce or dissolution at some point in the future), and also if you have been living together unmarried and have decided to separate.
As well as covering the division of jointly owned property, personal possessions, cash and investments, you can record your agreement in relation to periodic payments during separation, living arrangements and care of children.
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What is a 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, an 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:
civil partners separating in expectation of dissolution of the partnership
unmarried couples who own property and other assets together (and perhaps who have children together)
couples and partners who want to live apart yet remain married or in a civil partnership
This document provides both parties with a degree of protection and certainty in what would otherwise be a very uncertain time.
You should note that no separation agreement is binding in law in the same way that a commercial contract would be. A judge still has the authority to change any of the arrangements, whether your agreement is based on our template or is written for you by your solicitor. However, if fair to both sides, it is unlikely that a judge would vary this agreement when deciding a consent order. We explain in more detail further down this page.
Why use a written agreement
There are a number of reasons to use a written deed of separation:
Avoid additional stress and worry
Even if you break up amicably, your life changes enormously. You can gain some certainty - or at least reduce uncertainty - by sorting out who owns what and what each side owes the other or has continuing responsibility for.
Prevent future arguments
Recording what you agree in writing creates evidence of what you intended to happen when you split up. Once he or she has signed a formal agreement, it is more difficult for your partner 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 this type of document that requires legal knowledge or a solicitor. This separation agreement achieves much the same as a solicitor would do for you after a few meetings.
Unless you want a solicitor for another reason (such as legal advice), you can save time and money by completing this separation agreement template 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 is very likely to let it form the basis of a consent agreement in divorce proceedings (or when dissolving a civil partnership).
Keep the relationship amicable
Court proceedings while getting divorced 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 the divorce process easier, faster and less stressful because many of the difficult things have been agreed already.
A separation agreement is not legally binding in the same way as a commercial contract. The Court still has complete discretion to make a consent order in different terms to any previous agreement.
However, when or if you do have to go to court, it is likely that the judge will make an order (which will be legally 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
you both had adequate knowledge of the situation
there have been no overlooked or unforeseen changes in circumstances since it was signed
it covers all your assets after full disclosure
The extent to which a judge will stay with the agreement reflects the level of his or her 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.
We have an excellent article explaining why and when to use an agreement to record your separation.
Arrangements for care and access to children
Within any separation agreement, children arrangements have no legal standing at all.
The court will take no account of what you have agreed in terms of child support but will start afresh in considering the interest of each child.
Of course, if a satisfactory arrangement is in place, it is likely that the judge will order that the arrangement should remain undisturbed.
So 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 the template yourself
This straightforward separation contract is easy to complete. You don't need to involve solicitors or go to court.
First, you should discuss at a high level what you both want before starting divorce or dissolution proceedings. You may have already separated from each other. One spouse is likely to have different reasons for wanting a certain split to the other.
Next, you should each draw up a list of assets. This deed of separation provides for detailed disclosure, but we have no way of knowing every category of thing you might own. We suggest that you consider carefully what other assets you might have and make sure they are disclosed and accounted for.
You may need to instruct experts (such as an accountant and/or a surveyor) to value financial and physical joint assets if you can't agree on a fair price yourselves.
For more information read our article on what your agreement should include.
This template provides for you to set down your exact arrangements for your children. Although not binding on the Court, your written agreement together will reduce the risk of future disagreement, as will all other aspects of your lives.
The agreement is made once it has been signed by both parties. You do not need to involve a solicitor or any third party, nor do you need to register the document anywhere. There are no additional fees to pay.
Solicitors often advise that each party obtains independent legal advice before signing. The reason for this is not that a separation agreement is only legally binding if advice has been given, but rather that legal advice removes the risk that the other of you later claims that he or she was not aware of the implications of the agreement, or was coerced or pressured into signing it.
Our view on whether you need to take legal advice is that it you should decide after weighing up the risks versus the cost. If your separation is amicable (which is likely if you both agree to writing an agreement yourselves), the benefit of legal advice is likely to be reduced. Then you also should consider the value of you property, money and other possessions.
The separation agreement template includes paragraphs that cover:
- Details of the parties, including the separation date
- Details of any children, if applicable
- Arrangements for the disposal of the family home 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 assets and funds, and other personal possessions and household property
- Assignment of insurance policies (you may additionally need: a deed of assignment for a life insurance or endowment policy)
- Division of business property
- Maintenance (periodic) 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 of separation
- Child maintenance arrangements
- Parental rights arrangements
A sample of the template and our guidance notes can be seen by clicking on the picture of the document at the top of this page.
This document was written by a solicitor for Net Lawman. It complies with current English law.
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