A separation agreement (sometimes called a deed of separation) is a written contract between two people who are separating but not yet divorcing. It's useful during the year you're waiting to be eligible to divorce, or if you're not sure divorce is the right step yet.
What it typically covers
- Who stays in the family home and who pays the mortgage/rent.
- How joint bills, debts and bank accounts are handled.
- Interim spousal or child maintenance.
- Where the children live and time spent with each parent.
- How you'll behave (non-molestation-style clauses can be included).
Is it legally binding?
A separation agreement is a contract, not a court order. Courts usually uphold them if three conditions are met: full financial disclosure, both parties had (or were offered) independent legal advice, and the terms were fair when signed and remain fair. It is strong evidence - not a guarantee.
When a separation agreement is worth it
- You've been married less than a year and can't yet divorce.
- You need clarity on bills, children and the home while you decide.
- You want a paper record of what was agreed and disclosed.
- You aren't married (cohabiting couples) - this may be your main option, alongside a cohabitation agreement.
How to get one
- Both of you complete a disclosure schedule (assets, income, debts, pensions).
- Agree the terms in principle.
- A solicitor drafts the deed. Each of you gets independent advice before signing.
- Sign as a deed, witnessed.
This article is general information about the law of England and Wales, not legal advice. For advice on your situation, speak to a solicitor.