What is a Deed of Separation?

A deed of separation, also known as a legal separation agreement, can be a valuable document for those considering separation from their partner or spouse. This agreement can be made between married or unmarried couples, providing support and guidance during stressful moments that can arise when ending or pausing a relationship.

Hawkins Family Law can assist you in determining whether a separation agreement might be the right option for you and can also provide legal guidance on the potential content. Read on for an in-depth guide to deeds of separation and to answer any questions you may have on the subject.

A deed of separation is a tailor-made written document, unique to each individual couple. It sets out future arrangements and divides responsibilities and assets between separating partners or spouses. Essentially it is a contract between you.

A separation agreement can be a good option to consider for those who want to live separately without divorce or dissolution. This may be desired for a number of reasons such as:

● Your religious beliefs and convictions stand against divorce. Consider also a judicial separation
● You want space and a break from marriage before moving considering a divorce.
● You do not meet the legal requirements for a divorce or civil partnership dissolution

The separation agreement will detail combined assets, responsibilities, and how they will be distributed. Most separation agreements will attend to issues such as property, finance, and child arrangements.

Crafting a deed of separation is a unique process for each individual couple. The time frame will depend upon many factors such as how long you have been married and therefore how enmeshed your financial circumstances are.

Generally there is no set expiration date for a legal separation agreement. They will come into effect once they are executed but please note that they are not binding upon any future Court. For example, if one of you brings divorce proceedings whereas the agreement may be of evidential value – particularly where both parties have provided the other with full financial disclosure and had legal advice – there is certainly no guarantee that it would be followed by the Court.

A separation agreement is made specifically for your situation and relationship. That means that it can include anything you think relevant and important to have down in writing before the relationship ends. Some examples of what to include in a separation agreement may be:

● Property
What will happen to your family home after separation? Will it be sold or lived in by one of the partners?

● Finances 
Finances are very important to look into when you are separating. You may want to detail what should happen to any savings that have been accumulated during the relationship. Any investments or potential inheritance could also be considered.

● Debts 
Are there any debts that need to be taken into account? If they are joint debts, you can write down how are they to be apportioned between you. Note though the agreement will not bind any lender.

● Spousal maintenance 
Spousal maintenance is often payable when there is an income disparity between the spouses. If the reasonable needs of one spouse will not be met when separated, maintenance may be needed. The deed of separation can answer if it is necessary, how much it will be, and when or if it will stop. However note if the payer stops paying the agreement has limited force. If you need spousal maintenance then you will be far better served obtaining a court backed order.

● Child arrangements 
If there are any children involved, you can arrange who they will live with and how they will split their time between the parents. You may also include any agreements in relation to school fees or child maintenance. Alternatively you could consider a parenting plan

● Provisions for a future divorce or civil partnership dissolution 
You can prepare for the future by including what you wish to happen when you are both ready to take this step.

A separation agreement is essentially a contract and so whilst you could try and enforce it the likelihood is that unless the court agrees that it is a sensible outcome it will have little impact on any judicial finding.

The total cost of a deed of separation will depend on how complicated the case is and how much time will be needed to complete it – if done properly, which means it is going to be more credible, then it could easily take 5+ hours of your lawyers time.

A separation agreement is not binding on any subsequent court that might be involved in your matter. As detailed above if you both provide full and frank disclosure to one another in the drafting process, and take legal advice then it could be persuasive – but there will be a great deal of other factors to take into account as detailed in the Matrimonial Causes Act 1973, Section 25.

Generally separation agreements only deal with financial matters – please look at parenting plans which are specific to child arrangements.

A deed of separation can be influential if:

● Both parties were offered opportunities forobtained legal advice.
● No one entered into the agreement forcibly or under duress.
● Full financial disclosure was given by all.
● Both parties are in circumstances that are not significantly different from when the agreement was reached.

If this is the case and you and your partner agree then there is no reason why on divorce you couldn’t transfer the agreement into a consent order which would then be a binding order of the Court.

No. A consent order is something you can only enter in to if there are court proceedings in relationship to the marriage typically divorce or dissolution. A consent order reflects a financial agreement reached by a couple which is then sent to the Court for the court to formally consider and hopefully approve at which point it becomes binding. A separation agreement does not have this effect.

Our team can provide tailor-made assistance and legal advice on all things family law, such as divorce, dissolution, and separation.

At Hawkins Family Law, we are committed to providing expert services and guidance relating to financial matters and children when it comes to deeds of separation. Explore our family law services or contact us for more information or with any questions you may have.

Ready to take the next step? Talk to us in confidence and find out where you stand. Our team of divorce and family law specialists – in London, Milton Keynes, Bicester and Watford – can advise and guide you from the moment we start working with you. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.