A separation agreement is a written agreement used when a couple wants to stop living together. The agreement can be used to decide a variety of topics including, who will pay the mortgage, living arrangements, division of property, any maintenance payments to be made and arrangements in relation to any children. It can help the parties by having a written agreement to ensure they both understand what has been agreed. It can be used to allow both parties some breathing space before commencing any court proceedings or potentially reconciling.

If you do not wish to begin divorce proceedings then we will advise you with the separation option.

To be separated, all you have to do is live apart. There are many couples who decide not to divorce but you should carefully consider your options with our Solicitor. It is commonplace to make a Deed of Separation to record any agreement regarding financial matters, children and plans to divorce or not. Care needs to be taken before signing any document as this could be relied upon if a divorce takes place at a later date.

If you have both received legal advice, the court would prefer not to overturn the agreement at a later date provided that you had both been honest and there has not been any change in your circumstances. When you are living apart, you are classed as separated by the Inland Revenue and by the Benefits Agency.

Get a legal separation

To get a legal separation, you need to fill in a separation application and send it to the court.

A legal separation allows you to separate, without divorcing or ending a civil partnership.

You may want a legal separation if:

  • you have religious reasons against divorce
  • you've been married or in a civil partnership for less than a year
  • you want time and space to work out if you want to end the marriage or civil partnership

Before you apply

You must decide whether you want to make a joint application with your husband or wife or whether you want to apply on your own.