What Is A Separation Agreement In The UK?

There are an array of reasons why married couples decide to separate.

Whether it’s temporary whilst each party gets some space to salvage the marriage, or you are not financially able to divorce, separation can work as a solution.

If you’re married or in a civil partnership and are separated from your spouse, you can enter into a separation agreement.

So, what is a separation agreement in the UK?

In short, a separation agreement is a contractual agreement outlining your decision to live separately, how your assets will be distributed, arrangements for any children, and any ongoing obligations. 

Separation agreements work well for couples who may not be fully committed to divorce or the dissolution of a civil partnership but wish to make arrangements for other things, including children.

Separation agreements are the best way to ensure you both adhere to the terms that have been agreed, as although things might initially seem amicable, circumstances can change.

As such, it’s recommended that you seek legal advice regarding your separation so you can understand what to expect and draw up a separation agreement.

What Is Included In A Separation Agreement?

If you’re considering separation, you might be wondering what’s included in a separation agreement.

Many things are written in a separation agreement. They include, but are not limited to:

1. Property
2. Finances
3. Parental rights and childcare
4. Joint debts 
5. Provision for divorce

1. Property

An important factor outlined in a separation agreement is what will happen to the property you’ve been sharing together during your marriage.

A separation agreement will specify what will happen to the property now and in the future. 

For instance, it will detail whether a property is to be sold or whether one party and your children should have exclusive rights to live in the property until it is sold in the future.

The agreement will also determine how the expenses associated with the property sale will be split.

2. Finances

A separation agreement will also include decisions about the payment of:

• Utility bills, including council tax, gas, electricity, water, contents and building insurance, and more
• Property and maintenance repairs
• School fees
• Medical expenses
• Whether one party should pay child maintenance to the other party and how much

Failure to draw up a separation agreement in writing can lead to disagreements about finances later on, damaging your relationship with your spouse and leading to more issues.

3. Parental Rights & Childcare

A separation agreement will also detail parental rights and childcare arrangements.

This section ensures that both parties will do their best to maintain the best possible relationship with their children.

For instance, the separation agreement will set out who your children will live with, the time each party will spend with the children, and more.

At Harding Evans, our separation solicitors will ensure that any matters involving the interests of your children are dealt with sensitively.

Get in touch today to discuss your separation.

4. Joint Debts

Your separation agreement will also detail any joint debts. When it comes to joint debts, both spouses are liable for making repayments.

This means you don’t owe just your half of the debt, as the lender can ask you for the full amount if they can’t get it from the other party.

Joint debts might include a mortgage, overdraft, or a joint bank loan.

Disagreements over joint debts are common in separating couples, so drawing up a separation agreement is crucial to ensure all parties adhere to what is agreed.

5. Provision For Divorce 

If this agreement is intended as a precursor to divorce, this section will ensure that both parties agree to this intention.

It also states that the separation agreement will serve as a basis for the divorce settlement for married couples.

As such, it’s crucial that you fully understand what you are agreeing to before you sign a separation agreement, and a solicitor will be able to aid you through this process.

Do You Need A Solicitor For A Separation Agreement?

While legal advice isn’t compulsory when putting a separation agreement in place, it’s highly recommended.

Seeking advice from a separation solicitor is recommended to determine any reasons why you shouldn’t sign a separation agreement and to ensure what’s being proposed is fair for both parties and your children.

Moreover, having a solicitor draw up a separation agreement means that your agreement will more likely be upheld in court.

If you’ve already agreed on what should be included, you should get a family law solicitor to check it through and turn it into a legal document.

It is also important to understand from a solicitor when a separation agreement is the right option for you. A separation agreement does not always provide protection against your spouse or civil partner being able to make financial claims against you, including assets you’ve inherited, assets you owned solely before your marriage or civil partnership, and any wealth earned following your separation. 

A separation solicitor will advise you about whether a separation agreement is appropriate for your circumstances or whether it is best to do a Financial Remedy Order (upon divorce) instead.

How We Can Help

If your relationship becomes troubled and you are unsure where to turn, our expert and caring team of solicitors at Harding Evans is here to help.

Our legal separation solicitors are dedicated to helping our clients understand the complications that can make separating difficult to deal with and will explain all of your options.

Get in touch by emailing hello@hevans.com today to find out how we can help you.