If a married couple or civil partners can agree the terms on which they will live separately, they may enter into a Separation Agreement. The essence of a Separation Agreement is that it is an agreement and both parties must consent to all of the terms to be included in the agreement.

A Separation Agreement is a legally binding contract setting out the party’s rights and obligations to the other. The terms of the agreement are usually reached either through mediation or negotiation through solicitors. If agreement can be reached reasonably quickly between the parties and a Separation Agreement drafted, it is inevitably cheaper and less stressful than a fully contested court case. In the event of a subsequent divorce, the terms of a properly drafted and executed Separation Agreement will be closely adhered to by a court.