What is a Separation Agreement?

If you and your partner are separating, one of the first questions you may have is how to sort out finances and practical arrangements without immediately starting divorce proceedings. This is where a separation agreement can be helpful.

A separation agreement is a written agreement between two people who have either already separated or are about to do so. Most commonly, it is used by married couples or those in a civil partnership, but it can also be used by unmarried couples who have been living together.

In simple terms, it sets out how you both intend to deal with your finances during your separation and often how those finances should ultimately be divided if you later divorce or formally dissolve the relationship.

Importantly:

• A separation agreement does not end your marriage

• A formal court process is still required if you later divorce

Separation Agreements vs Post-Nuptial Agreements

These two are often confused, but they serve different purposes.

• A post-nuptial agreement is made while a couple is still together and planning to remain so

• A separation agreement is made when the relationship has already broken down or is about to

A separation agreement is therefore typically created much closer to the point of separation.

This provides a clear understanding of what a separation agreement is and how it differs from other financial agreements. The next step is understanding when such an agreement is actually appropriate in practice.

Are you considering how to structure your financial arrangements during separation? Elizabeth Stocker is a consultant solicitor specialising in family law and financial agreements. She can help you approach separation with clarity and control. Get in touch for a confidential discussion.