Separation Agreement

This is an agreement regarding the division of a couple's assets and possessions both at the time of separation and in the future. It can also include how to deal with household expenditure, maintenance and the arrangements relating to any children.

An agreement of this nature is not a court order and the court is not involved in its preparation. It is comparable to a gentleman's agreement and although it shows a strong indication of the couple's intentions when they separated, there are no immediate penalties for failing to comply with it.

Couples usually stick to these agreements and if they eventually divorce, this agreement can be made into an agreed court order called a Consent Order.

Coming to such an agreements involves quite a detailed process. Each party must produce full and frank financial disclosure showing documentary evidence of their assets and liabilities. Once this information is exchanged it is hoped that an agreement can be reached regarding all sorts of details. These include where each person shall live, how income and assets will be divided and if the family home should be sold who will take the lead in the sale of the property.

Once the agreement is reached it is made into a Deed and this is often referred to as a Deed of Separation.