Separation Agreements

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When a relationship breaks down, you may not wish to divorce immediately — or, if you’re not married, you might want to formalise the terms of your separation. At Wake Smith Solicitors, our experienced family law solicitors help you create clear, fair separation agreements that protect your interests and outline financial and parenting arrangements.

As part of our Sheffield Family and Divorce Law services, we can advise on whether a separation agreement is right for your situation and ensure it’s drafted properly to reflect your intentions.

What Is a Separation Agreement?

A separation agreement is a written document that sets out what you and your partner have agreed regarding:

Division of assets, savings, and debts
Ongoing financial responsibilities
Child arrangements and time spent with each parent
Interim arrangements while living separately

Although not legally binding in the same way as a court order, a properly prepared separation agreement can carry significant weight if you later proceed with divorce or dissolution.

When a Separation Agreement May Be Appropriate

A separation agreement can be useful if:

You want time apart before deciding on divorce or dissolution
You’re not married or in a civil partnership but share property or finances
You want clarity over ongoing commitments and child arrangements
You wish to avoid immediate court proceedings

It’s important to note that separation agreements cannot include pension sharing orders, which can only be made by a court. If you’re approaching pension age, we’ll advise whether an alternative route would be more suitable.

Legal Requirements for a Persuasive Agreement

For a separation agreement to carry weight with the court, it must meet certain criteria:

Both parties receive independent legal advice before signing
Both parties provide full and frank financial disclosure
The agreement is entered into freely, without pressure or duress
The terms are fair and reasonable based on your circumstances

If there are major changes to your financial or personal situation later, the court may vary the agreement to reflect the new circumstances.

Separation Agreements for Unmarried Couples

You don’t need to be married or in a civil partnership to make a separation agreement. Cohabiting partners can use one to record how finances, property, and responsibilities for children will be managed after separating.

Supportive, Experienced Family Law Solicitors

Our family law team has extensive experience drafting and negotiating separation agreements. We’ll guide you through every step, helping to reduce uncertainty and ensure that your agreement reflects your intentions clearly.