Separation Agreements

If you and your partner have decided to separate but don’t want to divorce or aren’t married, a separation agreement can help formalise your arrangements. Our experienced separation agreement solicitors are here to support you with professional, compassionate advice tailored to your circumstances.

Talk to one of our friendly and experienced team on 01442 872311

Whether you need help outlining financial arrangements, parenting plans, or property matters, we’ll guide you through the process and ensure your agreement provides the best possible legal protection.

What is a separation agreement?

A separation agreement is a legal document that outlines how you and your partner will manage key matters following your separation. It is often used by couples who:

Want to separate but remain legally married.
Don’t want to engage in a court process such as judicial separation or divorce.
Need time to reflect before pursuing divorce.
Are cohabiting (unmarried) partners wishing to divide assets or clarify responsibilities.

A separation agreement can address important matters such as:

How to divide financial assets and liabilities.
Arrangements for the family home, such as whether it will be sold or transferred.
Parenting plans, including where children will live and schedules for when they will spend time with each parent.
Handling jointly purchased items, such as cars or furniture.
What will happen to the family pets.
Maintenance payments for the children, or your spouse.

While not legally binding, separation agreements carry significant weight in court if they are fair, transparent, and properly drafted.

Our separation agreement solicitors will work with you to create an agreement tailored to your unique circumstances.

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Separation agreements for cohabiting couples

Separation agreements aren’t just for married couples. Unmarried cohabiting couples who are separating can use them to formalise arrangements.

These agreements can provide clarity and avoid disputes, even if your relationship wasn’t legally formalised by a marriage or civil partnership.

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Frequently asked questions

Every separation agreement is unique, but they typically include:

Financial contributions: How rent, mortgage, or household bills will be paid until the home is sold, transferred, or vacated.
Debt management: Who is responsible for paying mutual debts, such as loans or credit cards.
Property arrangements: How proceeds from the sale of a property will be divided or who will retain ownership.
Pensions and savings: Agreements about joint accounts, pensions, or investments.
Jointly owned items: Decisions about cars, furniture, or other shared possessions.
Pets: Who will care for the family pets.
Child arrangements: Living arrangements, schedules for time with each parent, and parenting responsibilities.
Spousal and/or child maintenance: Financial support agreed between the parties.

Full financial disclosure is essential.

Our separation agreement solicitors will work with you to create an agreement tailored to your unique circumstances.

The cost of a separation agreement will depend on the complexity of your arrangements.

Additional costs may apply if your situation requires:

Mediation to resolve disputes.
Complex financial disclosure.

For a personalised quote, speak to one of our friendly team members on 01442 872311.

Yes. A separation agreement can outline how shared living arrangements, finances, and parenting responsibilities will work while you live in the same house.

Deciding between divorce and a separation agreement depends on your circumstances. A separation agreement might be the better option if:

You’re not ready or able to divorce due to personal or religious reasons.
You need an interim solution while considering whether to proceed with divorce.
You’re separating but wish to maintain certain benefits, such as shared health insurance or pension rights.

Our solicitors will help you weigh the pros and cons and decide which option is right for you.

While a separation agreement isn’t automatically legally binding, it carries significant weight if both parties:

Provide full financial disclosure.
Seek independent legal advice.
Ensure the terms are fair and reasonable.

Courts are more likely to uphold an agreement that meets these criteria. At Machins Solicitors, we’ll help you draft an agreement that maximises its enforceability and protects your interests. Ultimately though, if you’re seeking certainty a divorce or judicial separation may be a better option.