Separation doesn’t always lead to divorce. If you and your partner have decided to live apart don’t want to end your marriage or civil partnership formally, a separation agreement is a practical way to set out where you both stand. Separation agreements can also help where religious beliefs preclude any formal end to the marriage.
A separation agreement is a written document that sets out how you and your partner will manage finances, property and children while living apart. A separation agreement can be entered into by married couples or by couples in a civil partnership, where they are looking to separate but without the consequences of divorce / dissolution and financial court orders.
While a separation agreement is not automatically legally binding in the same way as a court order, the Family Court will generally uphold it if it would be fair to do so, and providing it has been properly drafted, with both parties having received independent legal advice and entered into the agreement freely, and where full financial disclosure has been provided.
How we can help with separation agreements
Drafting your separation agreement
We can help you by preparing clear, thorough separation agreements that cover everything that would arise in respect of divorce, and the accompanying financial issues.
Financial separation agreements
Dividing finances fairly is often the most complex part of any separation. Our solicitors help you reach a financial separation agreement that reflects your circumstances and protects your position, whether that involves property, joint debts or maintenance arrangements.
A key advantage of separation agreements is their flexibility. They allow parties to agree on financial and other arrangements without the need for immediate divorce proceedings. This can be particularly useful where you and your ex are not ready to divorce or wish to avoid the emotional and financial strain of court proceedings.
How the separation agreement process works
Initial conversation
You tell us your situation and what you need to resolve. We’ll give you honest advice on what a separation agreement can realistically achieve and explain when a different approach might be more effective.
Full financial disclosure
Both parties must be open about their finances.
Drafting your agreement
We draft the document and share it with you both for review. We strongly recommend each party takes independent legal advice at this stage, as courts typically give more weight to agreements where both sides have been independently advised
Signing and next steps
Once you’re both satisfied, the agreement is signed and witnessed(generally speaking a separation agreement should be drafted as a ‘deed’, which involves your signature being witnessed). The length of the process varies depending on the complexity of your finances.
Why choose Slater Heelis
Over 250 years of service
We’ve been providing legal advice to families since 1773. With offices in Manchester, Sale and Chester, we’re rooted in the communities we serve and understand the issues families face. We also advise clients across the UK from offices in London, Liverpool, Leeds, York and Sheffield. Our family law team is one of the largest outside of London, with over 18 qualified solicitors dedicated to family matters.
Recognised expertise
We’re listed in The Times Best Law Firms for 2026, with our family law team being highly commended. The Legal 500 recognises us as one of the leading family law firms in the North West. With over 1,400 reviews and an average rating of 4.9/5 on ReviewSolicitors, our clients have recommended and continue to recommend us to others going through difficult times.
Straightforward and proactive
From your first meeting with us we will help you cut through the noise and understand what’s important to achieving the outcome you want. We will represent you fearlessly and proactively in order to produce a separation agreement that is fair to you, without incurring unnecessary legal costs.
Getting a separation agreement in place is one of the most practical steps you can take to set out clear terms while you and your partner decide what should come next. Our expert family law solicitors are here to make the process as straightforward as possible.
Call us on 0330 111 3131 or contact us via our online enquiry form to speak with our family law team about separation agreements.
Our offices in Manchester, Sale and Chester are open for face-to-face meetings, and we also work with clients across the UK, with meetings at other locations, such as London, Leeds and Liverpool, available by appointment. We’ll keep you informed at every stage, explain everything in plain English, and give you the straight-talking legal advice you need.
Frequently Asked Questions about separation agreements
Is a separation agreement legally binding?
A separation agreement is not automatically legally binding in the same way as a court order. However, courts will generally uphold it if both parties received independent legal advice, made full financial disclosure, and the terms are fair. For married couples, it can later be converted into a consent order during divorce proceedings, making it fully enforceable.
What is the difference between a separation agreement and a divorce?
A separation agreement allows you to live apart and formalise practical arrangements without ending your marriage or civil partnership. Divorce legally ends the marriage. A separation agreement is often used by couples who are not yet ready to divorce, cannot divorce yet, for example, if you have been married less than one year, or who do not wish to for personal or religious reasons.
It is also important to understand that certain resources, such as pensions, cannot be shared outside of the divorce and financial settlement process.
Do I need a solicitor to get a separation agreement?
Trying to manage the disclosure and separation agreement process without an expert family solicitor is fraught with significant risk and not advisable. As the disclosure process is the vital first stage in any separation agreement, trying to ‘go it alone’ without a solicitor is likely to result in a significantly worse outcome.
Similarly, in respect of the negotiations themselves, an expert family solicitor will know how to progress things in order to produce an excellent and fair outcome for you.
What does a financial separation agreement cover?
A financial separation agreement can cover many financial aspects, though as above it is not possible to redistribute pension resources effectively outside of the divorce and financial settlement process. Ultimately, the more comprehensive the agreement, the less room there is for disputes later. Your solicitor will help you to ensure no important aspect is overlooked.
How long does a separation agreement take to produce?
In most cases, a separation agreement will take between one to three months from initial instruction to signing, though it can take significantly longer, particularly where the finances involved are complex. The timeline also depends on the extent of the negotiations involved.
How much does a separation agreement cost?
The cost of a separation agreement varies depending on the complexity of your finances and whether both parties are in agreement from the outset. We offer transparent pricing and will give you a clear indication of costs at the start.
Can a separation agreement be changed after it is signed?
Yes, but only if both parties agree to the changes. A separation agreement can be updated to reflect significant changes in circumstances, and should always include a properly drafted review clause. Any amendments should be documented formally to ensure the agreement you have with your ex is as clear as possible.
What happens to a separation agreement if we later divorce?
If you proceed to divorce, and you and your ex both accept the terms of your separation agreement, a draft consent order can be prepared that reflects those terms. . Once approved by a judge, the consent order becomes fully legally binding. The judge is not simply a ‘rubber stamp’, and will want to be satisfied that the terms of the draft consent order are fair. Drafting the consent order properly takes considerable expertise to ensure that it covers all aspects of the settlement in ways that are enforceable
However, if your ex wishes to depart from the terms of the separation agreement, formal proceedings will be required. Provided the agreement is deemed to be fair, and entered into freely, with all of the relevant safeguards, it will likely be upheld by the Family Court.
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