MAKE YOUR FREE Separation Agreement
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What is a Separation Agreement?
A Separation Agreement is a document that sets out how a separating couple wishes to divide their assets when ending their relationship. Separation Agreements cover the arrangements for separating and lay the groundwork for a consent order.
For use in England and Wales only.
When should I use a Separation Agreement?
Use this Separation Agreement if:
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you are married or in a civil partnership, and
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you and your partner decide to live separately, either permanently or on a trial basis
Sample Separation Agreement
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SEPARATION AGREEMENT
THIS AGREEMENT is made on_____________________________________(dated)
BETWEEN
- of , (the First Party); and
- of , (the Second Party and together the Parties).
BACKGROUND
- The Parties
- The Parties have lived separately and apart since (the Date of Separation).
- The Parties have taken or have had the opportunity to take independent legal advice before signing this agreement.
- The Parties acknowledge that this agreement is entered into freely and voluntarily and both parties fully understand the terms contained in it.
- The Parties have made to each other full disclosure of their income, property and other financial resources as well as their financial needs and obligations which each has now and is likely to have in the foreseeable future in accordance with Schedules 1 and 2 to this agreement.
- The Parties intend this agreement to be in full settlement of all rights and claims and duties they have to each other in law, subject to any order the court may make on the dissolution of the between the Parties and neither Party will claim against the estate of the other in the event that one of them dies.
- The term "net proceeds of sale" in clause 4 means the actual sale price of the Property less solicitors' conveyancing costs and disbursements and estate agents' charges.
NOW IT IS AGREED as follows:
Separation
- The Parties have agreed to live separately.
- The Parties intend to commenceas follows:
- initiated by after the Date of Separation. It is agreed by both Parties that they will support the application and deal with all correspondence in a timely manner.
Periodical Payments
- The Parties agree that no periodical payments will be paid by either Party to the other.
Property
- The Parties agree that the property known as , (the Property) shall be sold and the net sale proceeds shall be divided as to % to the First Party and % to the Second Party.
- The Parties agree that until the Property is sold, the will live in the Property to the exclusion of the other Party and will discharge the mortgage and other outgoings in respect of the Property and indemnify the other Party.
- The Parties have divided the contents of the Property or have agreed to divide the contents of the property and have each kept their own personal belongings.
Costs
- The costs of and incidental to this agreement, including the application for shall be borne by both Parties in the following proportions: % by the First Party and % by the Second Party.
Governing Law and Jurisdiction
- This agreement will be governed by and interpreted according to the law of England and Wales. All disputes and claims arising under this agreement (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
- Nothing in this deed is intended to oust the jurisdiction of the courts.
General
- Following the payment of all costs relating to the sale of the Property the Parties have agreed to divide the equity in accordance with clause 4 above.
- It has also been agreed that:
- the Parties will be responsible for discharging any liabilities in their own names;
- the First Party will own absolutely the assets set out in Schedule 1 of this agreement (Assets of the First Party);
- the Second Party will own absolutely the assets set out in Schedule 2 of this agreement (Assets of the Second Party);
IN WITNESS WHEREOF the Parties have signed this agreement as a deed on the day and year first before written.
| Executed as a deed by | |
| in the presence of: | |
| Witness signature | |
| Name of witness | |
| Address | |
| Occupation | |
| Executed as a deed by | |
| in the presence of: | |
| Witness signature | |
| Name of witness | |
| Address | |
| Occupation | |
SCHEDULE 1
SCHEDULE 2
About Separation Agreements
Learn more about making your Separation Agreement
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How to make a Separation Agreement
Making a Separation Agreement online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Separation Agreement you will need the following information:
Party details
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Your details (eg your name and address).
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Your partner’s details (eg their name and address).
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Are you married or in a civil partnership?
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When did you enter into a civil partnership or get married?
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When did you separate (ie start living separately)?
Shared home
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What is the address of the property the couple lives in? This Separation Agreement assumes that this property is owned by you and your spouse/partner.
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What percentage of the net sale proceeds from the property are you entitled to? The net figure is the amount after any mortgage has been repaid and all of the fees of sale (eg for the solicitor/conveyancer) have been paid.
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What percentage of the net sale proceeds from the property is your spouse/partner entitled to?
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Who will live in the property until it is sold, you or your spouse/partner? This person will be responsible for all outgoings (eg mortgage payments and council tax) until the property is sold.
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Is there a mortgage on the property? If so:
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What is the date on the mortgage agreement?
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Who is the mortgage lender?
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Divorce/dissolution
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Who will start divorce or dissolution proceedings?
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What percentage of the separation costs will you pay?
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What percentage of the separation costs will your spouse/partner pay?
Property and finances
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Will you and/or your spouse/partner be in the process of purchasing a property when this Separation Agreement is signed?
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Do you and your spouse/partner want to agree that each party has no claim over any recent financial award received by the other of you? If so:
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Did you or your spouse/partner receive the financial award?
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What was the amount of the financial award?
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Do you and your spouse/partner have any joint bank accounts?
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If so, what are the details of your joint bank accounts?
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Your financial assets
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Do your financial assets include:
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Annual income? If so, what is your annual income?
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Your current financial needs and obligations? If so, what are your current financial needs and obligations?
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Future financial needs and obligations? If so, what are your future financial needs and obligations?
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Assets? If so, what are your assets?
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Property? If so, what is the property’s address?
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Other financial resources? If so, what other financial resources do you have?
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Your spouse’s/partner’s financial assets
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Do your spouse’s/partner’s financial assets include:
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Annual income? If so, what is their annual income?
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Their current financial needs and obligations? If so, what are their current financial needs and obligations?
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Future financial needs and obligations? If so, what are their future financial needs and obligations?
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Assets? If so, what are their assets?
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Property? If so, what is the property’s address?
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Other financial resources? If so, what other financial resources do they have?
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Common terms in a Separation Agreement
Separation Agreements set out how you and your spouse/partner wish to separate your assets when you are separating. To do this, this Separation Agreement will include the following sections:
Between
This section sets out your details and the details of your spouse/partner. You are the parties to this Separation Agreement.
Background
This section sets out details of your marriage/civil partnership and separation. It also sets out that the parties have complied with the relevant points for the Separation Agreement to be considered by the courts. This includes them having:
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taken (or having had the opportunity to take) independent legal advice
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freely and voluntarily entered into the Separation Agreement
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made full financial disclosure
Separation
This section sets out that the parties agree to live separately.
Divorce/dissolution of civil partnership
This section sets out that the parties intend to commence divorce proceedings or an application for dissolution. It also provides details as to who will make the application and clarifies that both parties will support the application.
Periodical payments
This section sets out that the parties agree that no periodical payments will be paid to each other.
Property
This section sets out details of the shared home and how the net sale proceeds of the sale of the property will be shared between yourself and your spouse/partner. It also sets out who will live in the property until it is sold and be responsible for payments and other outgoings in relation to the property.
Costs
This section sets out how the costs relating to this Agreement and any subsequent divorce/dissolution applications shall be borne by the parties.
Governing law and jurisdiction
This section sets out that the Separation Agreement will be governed by the laws of England and Wales only.
General
This section sets out further details as agreed between the parties on their separation. These include:
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that neither party has a claim against a property being bought by one of you alone at the time of entering into the Agreement
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an agreement that neither party will have any financial claim on any property purchased by the other in the future
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any joint bank accounts being closed and any money left in them divided equally between the parties
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each party being responsible for discharging any debts and liabilities in their own name
Schedule 1
Schedule 1 sets out your assets (eg property, annual income and/or personal assets, like cars) and liabilities. By virtue of this Separation Agreement, you will be solely entitled to the assets listed in this Schedule. Similarly, you will solely be responsible for paying and discharging any debts in your name only.
Schedule 2
Schedule 2 sets out your spouse’s/partner’s assets (eg property, annual income and/or personal assets, like cars) and liabilities. By virtue of this Separation Agreement, your spouse/partner will be solely entitled to the assets listed in this Schedule. Similarly, your spouse/partner will solely be responsible for paying and discharging any debts in their name only.
Schedule 3
Schedule 3 sets out details of any joint bank accounts. This Schedule will not appear if you and your spouse/partner do not have any joint bank accounts.
If you want your Separation Agreement to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Separation Agreement for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making a Separation Agreement
Take care to set out all of your independently owned assets and liabilities
Schedules 1 and 2 of the Separation Agreement list both parties’ independently owned assets and liabilities. Make sure not to withhold any valuable possessions or goods or liabilities to help ensure that your Separation Agreement is taken into consideration by a court. For more information, read Separating from your spouse or civil partner.
Understand the importance of seeking independent legal advice
By seeking independent legal advice, you help ensure that your Separation Agreement will be considered by a court. Getting independent legal advice on your Agreement also helps make sure that you fully understand the terms contained within it and any consequences.
Be aware that legal or judicial separation is different to entering into a Separation Agreement
In some cases, couples may decide to get a legal separation (also known as a ‘judicial separation’) rather than getting a divorce or dissolution. A legal separation doesn’t end a marriage or civil partnership, instead, it ends the marital/civil partnership obligations between the parties. It’s important to note that a judicial separation does not allow the couple to remarry or enter into another civil partnership.
There are various reasons a couple may wish to have a judicial separation rather than a divorce or dissolution, including if:
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their religion forbids divorces or dissolutions
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they want more time and space to work on their relationship and decide on whether a divorce or dissolution is right for them
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they have been married or in a civil partnership for less than one year
Applying for a judicial separation is a formal process, which requires more than entering into a Separation Agreement. While an official application for judicial separation needs to be made, entering into a Separation Agreement can help provide a written record of how a couple wishes to separate.
For more information, read Five ways to get a divorce.
Understand when to seek advice from a lawyer
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if there are children of the marriage or civil partnership
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if either party’s assets are complex
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for legal advice about entering into this Separation Agreement
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if you are based in Scotland
If you would like for your Separation Agreement to include specific provisions not currently covered by the document, Ask a lawyer for further assistance.
This Separation Agreement is governed by the law of England and Wales.
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Separation Agreement FAQs
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What is included in a Separation Agreement?
This Separation Agreement covers:
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arrangements for separating, to prevent disagreements in the future
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the groundwork for the consent order in the divorce or dissolution
While a Separation Agreement may not be legally binding, it may be taken into consideration and may become binding by being turned into a consent order by the courts. It may also be viewed favourably and confirmed by the court at the time of divorce or dissolution proceedings.
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Why do I need a Separation Agreement?
A Separation Agreement is not legally necessary when divorcing or dissolving a civil partnership. However, it can be very helpful to come to an agreement on how your assets will be divided, prior to drafting a consent order. Setting out your decisions using this Separation Agreement means that you have a formal document to refer to, and can help to prevent disagreement in the future. By entering into a Separation Agreement you can also help speed up the legal divorce or dissolution process, by setting out your separation arrangements in advance.
For more information, read Separating from your spouse or civil partner.
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Is a Separation Agreement legally binding?
A Separation Agreement is not legally binding. However, the courts may consider it during divorce or dissolution proceedings and may even make it binding in the form of a consent order.
Generally, a Separation Agreement may be upheld by the court if the court is satisfied that both parties entered into the Agreement:
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freely, of their own free will and without pressure from one side
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with adequate knowledge of the situation, with both parties fully and honestly disclosing their financial situation, and
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after seeking independent legal advice on their situation and the Agreement
Note that a Separation Agreement may not be considered or upheld by the court if the above conditions are not complied with. Similarly, a Separation Agreement may not be considered or upheld by the court if a party’s circumstances have changed since entering into Agreement (eg through the birth of a child or an unexpected redundancy), as this may make the original terms unfair.
For more information, read Separating from your spouse or civil partner.
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Do I need to make full disclosure of income, property and financial resources to the other party?
You need to be completely open and honest about your finances (known as ‘financial disclosure’). This helps ensure that your ex-partner does not challenge the Agreement and/or the court does not refuse to uphold it.
Open and honest financial disclosure includes each party clearly setting out their debts, savings, investments, assets and property. Dishonest financial disclosure will likely invalidate your Separation Agreement, meaning that you will not be able to rely on it in the future.
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Do I need to take legal advice before signing a Separation Agreement?
You should take legal advice before signing this Agreement. This is because anything you decide to include in this Separation Agreement may be considered legally binding by a court or may have a decisive influence on the outcome of either party's application for financial remedies. You can always Ask a lawyer for advice if you are not sure whether you have taken into consideration all relevant matters prior to signing this agreement.
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