Free Legal information and Legal advice

An agreement dealing with the arrangements between a married couple who have decided to live separately.

If a marriage breaks down or falls into difficulties, the parties can separate and enter into a separation agreement as an alternative to divorce. A separation agreement can not only provide for financial arrangements between the parties but deal with the arrangements for the children both in terms of day-to-day living arrangements and financial considerations. In such an agreement it is standard practice now to recite that the parties intend to separate or have separated and the document will then set out the agreement.

It should be remembered however that a separation agreement may be varied by the court on the application of either of the spouses on filing a divorce or judicial separation petition. It cannot oust the jurisdiction of the Court, but is persuasive evidence of what the parties intended when they agreed to separate.

A separation agreement should deal with all those things that would have to be decided were you to divorce. Although these are primarily children money and property, it can go further. A typical separation agreement will contain a maintenance agreement, arrangements for the children and mutual covenants releasing the other spouse from the marital duty to cohabit. It may also go on to divide up the family assets. It should also specify the circumstances that will bring the agreement to an end. These will usually be the death of either spouse, the commencement of divorce proceedings or if one of the parties should permanently cohabit.