Can We Make a Legal Agreement During Separation?
When a marriage or relationship breaks down, many couples choose to separate rather than immediately proceed with divorce or dissolution. During this period, it is often necessary to establish clear agreements regarding finances, property, and childcare arrangements. But can you make a legally binding agreement during separation? The answer is yes, and doing so can provide certainty and protection for both parties. In this blog, we explore the legal options available to couples who wish to formalise their separation and how Bank Solicitors can help clients in Redditch, Bromsgrove, and the surrounding areas.
What is a Separation Agreement?
A separation agreement, also known as a deed of separation, is a legally recognised contract between separating couples. It outlines how assets, debts, and responsibilities will be managed during the separation period. This type of agreement is commonly used by couples who are not yet ready for divorce or those who prefer to remain legally married but want to clarify financial and practical arrangements.
Key Elements of a Separation Agreement
A well-drafted separation agreement typically includes:
Division of Assets – Setting out how savings, investments, and property will be shared.
Debt Responsibilities – Allocating responsibility for any joint debts or liabilities.
Living Arrangements – Determining who will stay in the family home or whether it will be sold.
Financial Support – Agreeing on maintenance payments for a spouse or children.
Child Arrangements – Establishing custody, contact, and financial provisions for children.
While a separation agreement is not legally binding in the same way as a court order, the courts will generally uphold it if both parties entered into it voluntarily, with full financial disclosure, and received independent legal advice.
Is a Separation Agreement Legally Enforceable?
Although a separation agreement is a contract, it does not carry the same weight as a court order. However, courts in England and Wales tend to respect these agreements, provided they are fair and properly drafted. If one party later disputes the agreement, a judge may consider it when making financial or child arrangement orders during divorce proceedings. Therefore, obtaining expert legal advice when drafting a separation agreement is crucial to ensuring its enforceability.
Do I Need a Solicitor for a Separation Agreement?
While it is possible to draft a separation agreement without a solicitor, doing so carries significant risks. A poorly drafted or unfair agreement may not hold up in court. Seeking legal advice ensures that:
Your rights and interests are fully protected.
The agreement is drafted clearly and fairly.
Both parties understand the implications before signing.
The agreement stands a greater chance of being upheld if challenged in the future.
Alternatives to a Separation Agreement
For couples who prefer a legally binding arrangement, other options include:
Judicial Separation – A formal legal separation granted by the court, without ending the marriage.
Consent Orders – If a couple later divorces, they can formalise the terms of their separation agreement in a legally binding financial order.
How Bank Solicitors Can Help
At Bank Solicitors, we understand that separation can be an emotionally and financially challenging time. Our experienced family law solicitors provide expert guidance on drafting and negotiating separation agreements that protect your interests. We ensure that all agreements are fair, comprehensive, and stand the best chance of being recognised by the courts if needed in the future.
Serving clients in Redditch, Bromsgrove, and the surrounding areas, we offer tailored legal advice to help you navigate your separation with clarity and confidence. Whether you need assistance with a separation agreement, divorce proceedings, or child arrangements, we are here to support you every step of the way.