What a separation agreement is, in plain English

A separation agreement is a written record of what a couple has agreed when they separate, for example who lives where, who pays which bills and how money and belongings will be divided. Married couples, civil partners and couples who lived together can all use one.

This is general information, not legal advice. A family solicitor can tell you how it applies to you.

What it usually covers

• Who stays in the home, and who pays the mortgage or rent.
• How savings, debts and belongings are shared.
• Payments from one person to the other, or for children.
• Arrangements for children, such as where they live and when they see each parent.
• What happens to pensions and other assets later on.

Is it legally binding?

In England and Wales, a separation agreement is not automatically binding in the way a court order is. However, a court will usually give it a lot of weight if both people took independent legal advice, shared full and honest details of their finances, signed freely without pressure, and the terms are fair and still suit the circumstances.

Separation agreement or divorce?

A separation agreement does not end a marriage. Some people use one while they decide whether to divorce, or while they wait to apply. If you later divorce, the agreement can often be used as the basis for a financial consent order, which is legally binding once a court approves it.

Judicial separation, sometimes called "legal separation", is different again: it is a court process for couples who want a formal separation without divorcing, often for religious or personal reasons.

Making one

• Write down what you both already agree, and what is still open.
• Gather the financial details you will each need to share.
• Consider mediation if talking directly is difficult. The government's Family Mediation Voucher Scheme may help with costs.
• Have each person take independent legal advice before signing.

When it may not be the right route

If there is abuse, pressure or fear in the relationship, an informal agreement may not keep you safe. Speak to a solicitor or the National Domestic Abuse Helpline on 0808 2000 247. In an emergency, call 999.