We are separating - Do we need an agreement?

Whether you are married or not, if you and your partner decide to separate, you may wish to agree a document that confirms any agreements that have been reached in relation to the finances, children and property. This can be particularly helpful to agree matters such as when each of you are spending time with the children or who is going to be responsible for paying which bills to avoid any disagreements further down the line.

A separation agreement is not legally binding, however, it could later be relied upon in Court, which is why it is often important to obtain independent advice when preparing the same.

Separation agreements are often agreed early on when parties separated, before any formal proceedings have started. If parties choose to, they can be used as a basis of a consent order, which can be approved by the Court and be made legally binding.

It is important that if you are entering in any such agreement that you take legal advice, so you do not end up agreeing to something that negatively impacts you later.