A Separation Agreement lists a married couple's choices when preparing to separate, like splitting assets, childcare responsibilities, and debts. It can document trial or permanent separations.

A Separation Agreement is also known as a:

• Marital separation agreement
• Legal separation agreement
• Trial separation agreement

A couple may use a trial separation as a way to evaluate their marriage and to work on themselves as well as their relationship. In a trial separation, the couple may still get back together.

However, a trial separation becomes permanent if the couple stays separated but remains married. This happens when the couple decides they cannot reconcile problems in their relationship, but a divorce is not the final outcome they want to pursue.

Do the terms change when a trial separation becomes permanent in a Separation Agreement?

The terms of the Separation Agreement do not change when a couple turns their trial separation into a permanent one. The terms will only change if the agreement uses time-specific language. The courts still see the couple as legally married until divorced, and the Separation Agreement remains valid.

Our Separation Agreement template helps you create the document when you and your spouse are ready to separate. It guides you step-by-step through each section. You can then submit the agreement during divorce proceedings.

Having a Separation Agreement makes the legal process easier by helping the judge understand the details of your separation.

The courts craft a divorce certificate or decree if the couple proceeds with the divorce paperwork. If the couple still agrees to the Separation Agreement’s terms, they could become the official terms listed in the divorce decree. The courts no longer use the Separation Agreement when the divorce becomes official.

Generally, living separate lives means you and your spouse no longer act as if you are married.  It doesn't necessarily mean you live at separate addresses. Evidence of living separate lives can include:

• Not participating in the same activities
• Dividing household responsibilities
• Segregating assets and finances
• Refraining from sexual relations
• Communicating less often
• Eating meals separately

After separating, you might still live in the same home as your spouse for several reasons, like:

• Creating a smooth transition process for other family members
• Focusing on co-parenting and child maintenance duties
• Overcoming financial challenges

You should consider creating a Separation Agreement if you’re:

• Getting divorced or ending a civil partnership
• Entering a trial separation with your spouse (i.e., you remain married but live apart)
• Permanently separating from your spouse but want to stay legally married

The ideal time to use a Separation Agreement is when you and your spouse can easily agree on the terms you want to include. If you and your spouse agree to the contract terms, the judge will likely enforce them.

Spouses are people who are legally married.

Can I use this agreement if my partner and I are common-law?

No, you have to be legally married or registered as a civil partnership to use LawDepot’s Separation Agreement. Common-law partnerships are not legally recognised in the United Kingdom. Therefore, common-law partners do not have the same legal rights as married couples.

LawDepot’s Separation Agreement questionnaire helps you to organise the following information in your marital Separation Agreement:

1. General information
   - If you or your spouse have children
   - The country where you and your spouse live
2. Party details
   - Your name and address
   - Your spouse’s name and address
3. Marriage information
   - Marriage date
   - Marriage location
4. Money and property information
   - Spousal maintenance 
   - Child maintenance and insurance information
   - Matrimonial home details
   - You and your spouse’s income
   - Division of assets 
   - Common property
   - Responsibility of debts
   
5. Final details
   - Additional clauses
   - Signing details
   - If each party’s solicitor reviews the agreement

You can edit our Separation Agreement template and reference it anytime.

Navigating a marital separation can be tough emotionally, but a Separation Agreement can help you find clarity and peace of mind. Our Separation Agreement guides you through debt division, financial obligations, and childcare arrangements so that you can gather your thoughts and focus on your needs.

In most cases, courts will recognise Separation Agreements as legally binding documents. However, there are situations where the agreement may be invalid or voidable. This means that they are legally unenforceable:

• The terms aren’t in your children's best interests
• One spouse has not fully disclosed certain assets or liabilities
• The terms are biased and unfair (i.e., it takes advantage of a spouse that is in a vulnerable emotional or financial state, or the agreement was signed under duress)

The courts may invalidate the agreement using these terms to safeguard the interests of both parties. Some of the terms in the contract may even go against certain jurisdictional or federal laws. Voiding the Separation Agreement prevents someone from trying to enforce a noncompliant agreement.

Our legal team works hard to ensure LawDepot’s Separation Agreement template meets legal standards in each United Kingdom jurisdiction. However, it’s up to you to complete the form with your information. To ensure the agreement's validity, you must get a solicitor to review it upon completion.

Can you cancel or change a Separation Agreement?

You can modify or change a Separation Agreement only if both parties agree to the proposed changes. It could benefit the couple to get legal advice from their lawyers before moving forward with any changes in the Separation Agreement.

You can also revoke a Separation Agreement, but only if both parties agree to it. Agreeing to revoke the Separation Agreement needs to be documented in writing.

A marital separation does not dissolve your debt.  You and your spouse must decide who will take responsibility for any outstanding debt. Outstanding debt includes mortgages, loans, credit cards, or lines of credit.

You will likely not be responsible for any debt your spouse accumulated before marriage. You can avoid confusion by referring to your Prenuptial Agreement if you have one.  This agreement will specify your separate debts, property, or assets prior to marriage.

Assets are items or things of monetary value. A spouse may have sole ownership over an asset, like a family heirloom, but may also have shared or joint ownership over other assets, such as the matrimonial home. Some assets that you or your spouse might own include:

• Bank accounts or trust funds
• Credit cards or lines of credit
• Cars or luxury vehicles
• Livestock or pets
• Land or property
• Physical money
• Electronics
• Furniture
• Jewellery

This can be an emotional conversation, but it must be had. You can start by communicating honestly and respectfully with your spouse. Set clear goals, and discuss what you want to accomplish while dividing your assets.

Taking the time to work on your Separation Agreement together may steer you in the right direction and allow you to ask questions and clarify which assets are most important to you and your spouse.

There are different ways to do this. Some couples may leave the relationship with assets or property held solely in their name. Others may want to calculate each item’s value and then divide things equally between each other.

Here are three suggestions to get started:

1. List all of your assets, both jointly and individually.
2. Appraise the value of your assets. You might want to seek an expert opinion for larger assets such as real estate or anything else that may be difficult to value.
3. Decide who gets what. Go through your list of assets and evaluate each person’s ownership claim, and then decide who should keep what. Consider exchanging one larger item for several smaller items to ensure an equal split.

Both parties must sign the document for a Separation Agreement to become official. If your spouse refuses to sign the agreement, you can contact a lawyer or arbitrator to help settle the disagreement.

What is an arbitrator?

An arbitrator is a specially-trained individual who plays a judge-like role in resolving conflicts. Family arbitrators meet with separating couples to resolve their issues without going to court. Many family arbitrators are lawyers but can also be psychologists or social workers with special family law training.

Arbitration is a faster, more private alternative to litigation, which involves taking lawsuits and disputes to court.

If you and your spouse disagree, the arbitrator will decide for you. This is called a family arbitration award. You may also hire a lawyer to represent you during the arbitration.

The less time you spend arguing with your ex, the less money you’ll waste on legal services. Avoid the hassle of dealing with lawyers or arbitrators by using LawDepot’s helpful template to guide your conversations. Then, craft a Separation Agreement with agreeable terms and conditions that you can present to your solicitor for a quick review.

Any legal adult with capacity can act as a witness in England, Scotland, and Wales. In Northern Ireland, however, the signing of the Separation Agreement must be witnessed by a solicitor or commissioner for oaths. 

Our template allows you to add new clauses, such as one that addresses the reconciliation. For example, a reconcilliation clause could state that you must follow the terms of the original agreement for at least 90 days after you reconcile as a couple.