Who it's for
- Married couples and civil partners who have separated but are not yet divorcing, or are about to
- Cohabiting couples who are separating and want to record a financial settlement
- Child arrangements are dealt with separately (see the Child Arrangements Agreement)
What's included
- About this template — legal advice, married couples, cohabiting couples
- Part A — The parties, including relationship type and dates
- Part B — Full financial disclosure table (property, mortgage, savings, pensions, vehicles, business interests, debts, income)
- Part C — Agreed arrangements (9 sections): family home; other property; pensions; savings and accounts; debts; maintenance; contents; clean break; general
- Part D — Signatures with independent witness
Key points covered
- A separation agreement does not end a marriage — a divorce order under the Divorce, Dissolution and Separation Act 2020 is still needed
- For married couples it can be turned into a consent order at divorce, which makes it binding
- Full and frank financial disclosure is essential — without it a court may not uphold the agreement
- Pension sharing, offsetting or retaining pensions can be recorded
- Separate clean break wording for married couples and for cohabitants
- Both parties should take independent legal advice before signing
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Read the guide
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Cohabitation Agreement£16.99 · See what's included →Child Arrangements Agreement£14.99 · Buy now →Standard Will Template£19.99 · See what's included →
Questions
Is a separation agreement legally binding?
It is not automatically binding on a court for married couples, but it carries weight if both of you gave full disclosure, took advice and signed freely. It can later be made into a consent order.
Does it cover children?
It records child maintenance arrangements, but not where children live or spend time. Use the Child Arrangements Agreement for that.
Do we need to go to court?
Not to sign it. Married couples should turn the agreement into a consent order as part of the divorce to make it binding.
Where can I get free help?
Citizens Advice and family mediation services can help. For pensions, property or business assets, take advice from a family solicitor.
Separation Agreement
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