Separation Agreement Solicitors

If you're not yet prepared for divorce or ending your civil partnership, a Separation Agreement can help manage your shared responsibilities.

Our separation agreement solicitors understand that separation goes beyond legal paperwork. That’s why we're here to support you emotionally and professionally.

At Wembley Solicitors, our family law solicitors specialise in drafting and enforcing separation agreements to protect your finances, assets, and children.

If you and your ex-partner are thinking about a separation agreement, call our expert divorce solicitors today on 0203 417 3700 for legal advice and support.

Table of Contents

What is a Separation Agreement?

A separation agreement is a legally binding contract that outlines how a couple will divide their assets and responsibilities following a separation.

It covers financial matters such as property division, debts, savings, and arrangements for children, providing clarity for both parties.

While unmarried couples do not have the same legal rights as married couples, a separation agreement helps clarify and formalise the terms of your separation.

What Is the Difference Between Legal Separation and a Separation Agreement?

Legal or judicial separation is different to a separation agreement. Legal separation is the process of going through the Courts to formalise your separation. On the other hand, a separation agreement is a written document that notes how you intend to split your assets on divorce.

Can Unmarried Partners Also Enter into a Separation Agreement?

Unmarried couples may also find a separation agreement a useful way of dealing with the issue of splitting jointly-held assets and responsibilities. For example, a cohabiting couple may want to formally agree on how to split the remaining rent owed on a fixed-term tenancy.

If you are not married you might find separation decisions difficult precisely because there was no formal marriage nor the opportunity for agreement on joint assets and responsibilities. How you share joint interests may have evolved in an undefined way. Making a separation agreement will allow you to decide what is fair for each party and mutually agree on that decision, reducing the chance of misunderstanding or unfairness.

Is a Separation Agreement Legally Binding?

A separation agreement is not automatically legally binding in England and Wales, but a court can uphold it. To make it enforceable, both parties should get independent legal advice and disclose their financial details.

Who Needs a Separation Agreement?

Separation agreements are not just for married couples; unmarried couples who cohabit can also benefit from them.

Here are some common situations where you may need a separation agreement:

• Cohabiting couples seeking to divide assets and manage financial matters.
• Unmarried couples require a clear understanding of property and childcare arrangements.
• Married couples or civil partners wishing to separate but delay a formal divorce.
• Couples contemplating a temporary separation who still want to clarify financial matters.

Why Do You Need a Separation Agreement?

A separation agreement helps clearly define how assets, debts, and responsibilities will be divided after a breakup, reducing the risk of future disputes.

A separation agreement provides financial clarity, protects both parties' interests, and can cover childcare and living arrangements. While not legally binding, it can carry significant weight in court if properly drafted and agreed upon.

Here's why you should consider one:

• Clarity & Security: Defines financial and legal responsibilities
• Dispute Prevention: Helps avoid future conflicts and legal costs
• Peace of Mind: Offers confidence and certainty post-separation
• Child Welfare: Ensures fair, structured care and support arrangements

What Should a Separation Agreement Include?

A well-crafted separation agreement should include clear terms on how finances, property, and responsibilities will be divided.

This typically covers division of savings, investments, and assets, arrangements for the family home, handling of joint debts, childcare responsibilities and support, and any spousal maintenance.

Both sides should provide complete financial information and enter the agreement freely.

Some key elements to include are:

• Division of Financial Assets: Division of savings, investments, and business interests
• Property: Arrangements for the family home or other properties
• Child Arrangements: Custody, visitation, and child support provisions
• Debts & Liabilities: Handling of joint debts and obligations
• Spousal Support: Agreements on ongoing financial support (if applicable)

Can a Separation Agreement Be Changed After It’s Signed?

Yes, a separation agreement can be changed after it’s signed, but both parties must mutually agree to the changes. It’s strongly advised to consult a specialist family lawyer before making any changes.

How Long Does It Take to Finalize a Separation Agreement?

Drafting and finalizing a separation agreement typically takes a few weeks to a couple of months, depending on how quickly both parties can agree on the terms. It may take longer depending on the complexity of the assets involved.

Drafting a Separation Agreement

A separation agreement includes details like age, employment, accommodation, and the division of assets. A draft agreement is prepared, and once both parties are satisfied, it is sent to the other party’s solicitors along with financial documents. This agreement can help expedite the divorce process when the time comes.

At Wembley Solicitors, we assist in drafting separation agreements and provide legal advice to ensure your interests are protected.

Why Choose Wembley Solicitors for Your Separation Agreement?

Wembley Solicitors provides practical legal advice to help unmarried couples create fair, thorough, and legally sound separation agreements.

We pride ourselves on personalised legal solutions that meet your needs and protect your rights.

Here’s why clients choose us:

• Expert Advice – Vast experience in separation agreements and family law.
• Comprehensive Support – From drafting to dispute resolution and representation.
• Independent Legal Guidance – Ensuring both parties receive separate, enforceable advice.
• Child-Focused Approach – Prioritising children's welfare in every case.

How Much Does a Separation Agreement Cost?

At Wembley Solicitors, our affordable divorce and family law solicitors in London charge £250 per hour for drafting separation agreements.

To clearly understand your legal position, book a comprehensive & confidential consultation session with our family law solicitor for just £100 plus VAT.

Contact Our Separation Agreement Solicitors Today

If you need help with drafting a legally sound separation agreement, contact our family law solicitors in London at 0203 417 3700 for expert guidance.