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When a separation agreement can help

Working out everything when you split up or separate can be complicated. You can use a separation agreement if:

• you’ve been married or in a civil partnership, have stopped living together but don’t want to legally end the marriage or civil partnership
• you’ve been living together without being married or in a civil partnership and have split up
  

You don’t have to get a separation agreement if you don’t want to. But if you get a legal agreement in writing, it can avoid disagreements later on.

It can also help avoid having to go to court to settle things – now and in the future.

What a separation agreement can cover

A separation agreement can cover anything that’s relevant when you end your relationship. This can include:

• maintenance for your former partner or any children involved
  
• how you will split money, property and possessions now you’re not living together anymore
  
• who your children should live with and have contact with
  
• any other conditions you want to agree, like not annoying or disturbing your former partner

Planning a separation agreement

To get a legally binding separation agreement, you’ll need to use solicitors. They will advise you on your options and draw up the document to make sure that what’s agreed is fair and legal.

But before you go to a solicitor, it’s a very good idea to agree as much as you can between you. This will make it easier, faster and cheaper for solicitors to draw up the final agreement.

If you need help on agreeing specific issues before you go to a solicitor, you can consider using mediation. A mediator is an independent person who can help you reach agreement.

• Find a family mediator Opens new window

Making a separation agreement

When you make a separation agreement, you’ll usually each have a solicitor.

You’ll need to pay the solicitor’s fees – although you may be able to get financial help. See the section ‘Help with solicitors’ costs’ below.

You’ll each need to show your solicitors your complete financial position. You’ll need evidence like bank statements and deeds for property if you own a home, for example.

If you haven’t managed to reach an agreement before you go to the solicitors, they will try to arrange one for you.

If you’ve already worked out an agreement, the solicitors will draw up the documentation for you. They will swap the agreements between them until both of you are satisfied.

If you’re married or in a civil partnership, your solicitors will try to also make sure that the agreement could be converted into a ‘consent order’ if you later decide to apply to court for a legal separation.

This will avoid you having to go to court over money, property or possessions if you choose to divorce or dissolve your civil partnership.

• Legal separation

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When the agreement is finalised

Once your separation agreement has been finalised, in legal terms it is a ‘contract’ between you and your former partner.

This means that, as long as the agreement has been prepared properly, it’s legally binding.

You should make sure you keep to the terms of the agreement. If you don’t, your former partner can take you to court for breach of contract.

Changing the terms of the agreement

If things change and you want to alter the terms of the agreement, you can – as long as your former partner agrees.

To change the terms of the agreement, you’ll need to go back to your solicitors and get them to make the agreed changes.

If your former partner doesn’t agree, the original agreement stays in place.

Help with solicitors’ costs

You may be able to get Legal Aid to pay the solicitors’ fees for a separation agreement.

You can find out by using Community Legal Advice’s Legal Aid eligibility calculator. Or you can call Community Legal Advice for more help.

• How to get legal aid