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Separation deed lawyers & divorce solicitors

A separation deed, or separation agreement, is an option when you separate from your partner, whether you’re married or unmarried

Our children and family law experts will talk you through the pros and cons of separation deeds and give clear advice to help you make the best decision

Call 01572 490 660

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

Separation lawyers & divorce solicitors

A separation deed, or separation agreement, is an option when you separate from your partner, whether you’re married or unmarried

Our children and family law experts will talk you through the pros and cons of separation deeds and give clear advice to help you make the best decision.

Call 01572 490 660

Next Steps

Request Free Discovery Call

Please provide your contact information, and we will organise a complimentary, commitment-free discovery call at a time that works best for you.

Separation deeds

A separation deed, also known as a separation agreement, is a legal document created by a separating couple, married or unmarried, to formally outline the terms of their separation. In effect, a separation deed is a contract that both parties agree to and sign. Note that it is not a legally binding document. More on that below.


A separation deed can be agreed if you are unmarried or married and if you are married not wanting to get a divorce immediately.  It typically includes the following:


Financial arrangements

  • Division of assets and debts - the agreement can lay out how those assets you own together, such as property, cars and savings, and those debts you both owe, will be divided. It goes into specific detail about which assets belong to which person and how any remaining debts will be settled.
  • Spousal maintenance, if applicable - in some cases, the agreement may outline spousal support payments from one partner to the other, particularly if there's a significant financial disparity.

Child arrangements (if applicable)

  • Living arrangements - the agreement may specify the child's primary residence and details regarding how much time they spend with the ‘non-resident’ parent.
  • Child support - a section would outline how the financial responsibility for the child's upbringing will be shared out, including contributions towards housing, food, education, and healthcare.

Other considerations

  • Future claims - the agreement might include a waiver of future claims against each other's estates, ensuring the terms of the separation deed are final.
  • Confidentiality clause - this could be included to make sure the agreement's details are not disclosed to other people.

The pros and cons of a separation deed

Pros

  • Clarity and certainty - a formal agreement can provide some clarity and reduce confusion around financial responsibilities and child arrangements, minimising the risk of future disputes.
  • Reduced conflict - the process of creating a separation deed can open the lines of communication between both parties, helping them to compromise and reduce conflict.
  • Legal evidence (if properly drafted) - there is no such thing as a legally binding separation agreement in the UK, but a well-drafted separation deed can be upheld or challenged in court. For this to happen, the agreement must be entered into voluntarily, you have completed a full financial disclosure and legal advice has been received by both parties.

Cons

  • Not legally binding in all cases - while they can be upheld or challenged in court, separation deeds simply don't have the same legal weight as a court order. If you are married and your relationship with your spouse is ending, divorce law gives you much more protection.
  • Limited scope - separation deeds are primarily focused on financial arrangements and child arrangements, if applicable. They don't address all potential issues that might arise during separation, such as inheritance rights or future claims on property.
  • Risk of unfair agreements – especially without adequate legal advice, one partner might unknowingly agree to an unfair financial settlement or disadvantageous child arrangements. You cannot get a Pension Sharing Order (PSO) with a separation deed.

Call 01572 490 660

or request a discovery call

Frequently Asked Questions

Our advice on separation for married couples

When you get a divorce, it legally ends your marriage. You are no longer husband and wife. This is a difficult decision for many couples but it does draw a line under your relationship, which can help you to move on.

For those people not ready for divorce, however, it is possible to get a legal separation or judicial separation, as we explain above. A separation deed or separation agreement is a way of separating without getting a divorce or dissolution. It lets you and your partner make formal decisions about things such as your assets and living arrangements, but you’re still married or in a civil partnership.

There are various reasons for couples wanting to separate without a divorce. It may be a religious consideration, or you simply don’t want the finality of divorce or a dissolved civil partnership.

Our advice is to talk to us and compare the legal implications to simply separating without a formal divorce with a financial remedy order. Divorce is much clearer and, essentially, protects both parties after a relationship breakdown. If you depend on your partner’s income or live in a property that is solely in their name, you simply have more rights and clarity in a divorce. For example, often the most significant asset on divorce is a Pension. You cannot get a PSO with a separation deed.

Whatever you are facing, start with us

Divorce and separation are tough. When you end a relationship, big decisions need to be made and emotions often run high.

With our calm, knowledgeable advice, you will have answers that help you to make informed decisions, without worrying about things unnecessarily. We’ll use our extensive experience to tailor a solution that works hard to achieve the best outcome for you and your family.