CLM Solicitors - Private Services - Family - Fact Sheet

Almost half of all cohabiting couples in the UK separate. Married couples are also increasingly deciding to separate for a while before issuing divorce proceedings.

Separation Agreement

Both cohabiting and married couples that separate are strongly advised to enter into a separation agreement. This agreement sets out the voluntary arrangements and agreements between the parties on their separation.

The existence of a separation agreement will not stop a couple reconciling and continuing their relationship, or starting to live together again. However, if the couple lives together for a period of six months or more after an agreement has been made the agreement will usually become void.

If a married couple then decides to divorce, the Court is not bound by the financial arrangements contained in the separation agreement, but it is very persuasive and used by the Court as a starting point. Usually Consent Orders are filed as part of the divorce proceedings incorporating the terms of the separation agreement. Please see our 'Financial Claims on Divorce' leaflet.

Before entering into an agreement both parties will need to obtain independent legal advice, and need to understand that they will usually be legally bound by the agreement. They must also both be fully aware of the other party’s financial and other circumstances.

Contents of a Separation Agreement

The agreement can include anything that the couple wants it to, but it will usually include the following:

A statement that the parties intend to live apart from one another.
How the assets will be divided
What is going to happen to the property where the couple live
Who will be responsible for paying the outgoings on the property whilst arrangements are being put into place.
Other financial arrangements.
How the contents of the property will be divided.
How the debts will be divided.
Financial arrangements for the children.
Residence and contact arrangements for the children.
When divorce proceedings will be issued, and by whom and who will pay the costs

Time Scale

If the couple is in agreement to the contents of the agreement then it will only take a few weeks to draft the document, ensure both parties have independent legal advice, and arrange signatures. It will of course be longer if any negotiating needs to take place.

Judicial Separation

This involves a court procedure that is virtually identical to that for divorce. The essential difference is that the Court pronounces a Decree of Judicial Separation rather than a Decree Absolute, and therefore the parties remain married. Please see our 'Divorce' leaflet.


Just click on a link below Please Read Our Fact Sheets Below Pre-Nuptial and Pre-Partnership Agreements Civil Partnership Separation Cohabitation Cohabitation Disputes Severing a Joint Tenancy Arrangements for Children Parental Responsibility Divorce The Effects of Divorce and Separation Financial Aspects of Divorce Pensions on Divorce Reasons for Making a Will Domestic Violence Collaborative Family Law Mediation Articles MEET THE TEAM	SEPARATION Almost half of all cohabiting couples in the UK separate. Married couples are also increasingly deciding to separate for a while before issuing divorce proceedings. Separation Agreement Both cohabiting and married couples that separate are strongly advised to enter into a separation agreement. This agreement sets out the voluntary arrangements and agreements between the parties on their separation. The existence of a separation agreement will not stop a couple reconciling and continuing their relationship, or starting to live together again. However, if the couple lives together for a period of six months or more after an agreement has been made the agreement will usually become void. If a married couple then decides to divorce, the Court is not bound by the financial arrangements contained in the separation agreement, but it is very persuasive and used by the Court as a starting point. Usually Consent Orders are filed as part of the divorce proceedings incorporating the terms of the separation agreement. Please see our 'Financial Claims on Divorce' leaflet. Before entering into an agreement both parties will need to obtain independent legal advice, and need to understand that they will usually be legally bound by the agreement. They must also both be fully aware of the other party’s financial and other circumstances. Contents of a Separation Agreement The agreement can include anything that the couple wants it to, but it will usually include the following: A statement that the parties intend to live apart from one another. How the assets will be divided What is going to happen to the property where the couple live Who will be responsible for paying the outgoings on the property whilst arrangements are being put into place. Other financial arrangements. How the contents of the property will be divided. How the debts will be divided. Financial arrangements for the children. Residence and contact arrangements for the children. When divorce proceedings will be issued, and by whom and who will pay the costs Time Scale If the couple is in agreement to the contents of the agreement then it will only take a few weeks to draft the document, ensure both parties have independent legal advice, and arrange signatures. It will of course be longer if any negotiating needs to take place. Judicial Separation This involves a court procedure that is virtually identical to that for divorce. The essential difference is that the Court pronounces a Decree of Judicial Separation rather than a Decree Absolute, and therefore the parties remain married. Please see our 'Divorce' leaflet.