What is a Separation Agreement and why do you need one?

If you are married, in a civil partnership, or in a cohabiting relationship and you are separating from your spouse or partner you may need a separation agreement.

Family law solicitor, Angelique Holm, can advise you on whether you need a separation agreement and what should go in it.

For family law advice call Angelique Holm on 0203 488 8620 or email
info@hopeholm.co.uk or visit our website Hopeholm Family Law.

What is a separation agreement?

A separation agreement sets out the agreement you have reached with your partner over your separation. The separation agreement can be wide in scope or limited to a specific issue.

For example, if you have children your separation agreement could detail the planned parenting arrangements for your children, including if care will be shared or detailing the parent who will be the primary carer, the contact arrangements, the agreement reached over holiday contact and taking the children overseas on holiday and the whole host of other potential areas of a parental dispute after a separation or divorce.

For example, if you are married or in a civil partnership you may not want to end your marriage or dissolve your civil partnership straight away. The separation agreement could record when it is agreed that no-fault divorce proceedings will be started and clarify if you will be joint applicants or if one of you will apply for the divorce. If you have reached a financial settlement the separation agreement could also record what you have agreed and say that you will both cooperate and ask the court to make an agreed financial court order once the court has made a conditional divorce order.

For example, if you are unmarried, the separation agreement could record what is to happen to the family home or how you will deal with any joint debt or investments. If you jointly own a property together and have children one of you may want to stay in the family home until the children are at least 18 to give the children stability. The separation agreement can record your agreement over what should happen to the family home and the triggers for its sale. These could include the occupying partner living with a new partner or getting married or the children leaving the family home or the youngest child reaching the age of 18.

Why do you need a separation agreement?

There are some situations where you do not need a separation agreement and getting your family solicitor to prepare one for you would duplicate work. In other scenarios, not having a separation agreement could result in a dispute over what was agreed at the time of your separation. That could lead to court applications and big legal bills in sorting out the matters you thought were agreed upon. In the right circumstances, a separation agreement can save you a lot in legal fees as well as time and stress.

The job of a family law solicitor is to work out if a separation agreement is necessary and in your best interests. They will then negotiate the wording of the separation agreement and make sure that it is watertight. You need certain technicalities taken care of so there is less chance of your former partner being able to claim that the terms of the separation agreement are not binding.

Here are some examples of why you may need a separation agreement

You are splitting up from your unmarried partner. The property is owned in his name but you helped with the mortgage payments and paid for a new bathroom. You have both taken separate legal advice and he reluctantly agrees that you have a beneficial interest in his property. You don’t want him to sell the property because he needs somewhere to live and a sale could take ages to complete. He agrees to remortgage the property to give you an agreed sum to reflect your beneficial interest in the property. You need a separation agreement to record the agreed amount and payment date and the consequences of his not paying the sum by the specified date
You are separating from your wife and you both agree the family home should be sold. You have found a buyer quickly and don’t want to delay the sale. Neither of you has started no-fault divorce proceedings so the court cannot make an agreed financial court order yet. The answer is to sign a separation agreement recording your financial agreement so the sale of the family home can go ahead. When you obtain your conditional order of divorce you can ask your family law solicitor to convert your separation agreement into a financial court order
You have ended your relationship with your former cohabitee. You are joint owners of the property you live in but he has said he is moving out to live with his new girlfriend. You have agreed to take over the mortgage payments but it will take time to get the house and mortgage transferred into your sole name. You are worried that if house prices increase whilst you are trying to sort out the transfer and mortgage, he will want to renegotiate the sum you have agreed to pay him. The answer to that issue is to get him to sign a separation agreement saying that he will transfer the house to you for the agreed amount. The separation agreement should also cover any other issues, such as who owns the household contents or the car or how the car loan repayments and the credit card debt (used to pay for joint holidays and other joint expenses) will be factored in when working out the amount you are paying him for his share of the equity in your old family home

There are many other reasons why you may need a separation agreement. If you are unsure about whether a separation agreement is necessary in your circumstances it is best to ask Angelique Holm as she can advise if an agreement is required and can help ensure that your agreement protects your interests.

For advice on separation agreements and resolving family law disputes advice call Angelique Holm on 0203 488 8620 or email info@hopeholm.co.uk or visit our website Hopeholm Family Law.

Anita M

During one of the most difficult and overwhelmingly challenging time of my life, Angelique was the right kind of straight talking, to the point, and no nonsense, say it like it is kind of lawyer....the kind I needed in my corner. It was reassuring to have someone who understood what was fair and reasonable and fought for it with you. You will never need to follow up either via emails or calls. And she's just a call away anytime you need her. Can't recommend her enough.

Alan Samuel

I generally can not believe how stressful a divorce can actually be. But after years of anticipation I finally retained my life back thanks to the Hopeholm Family Law team, especially Angelique who guided me every step of the way through the mind field of processes and hoops to jump through - Thank you!

Rabil asad

I can’t thank Angelique enough for everything she’s done for me. From the very start she was calm, honest, and completely straight-forward — no sugar-coating, no false promises, just clear and realistic advice every step of the way. She guided me through one of the toughest times of my life with real professionalism and empathy. Angelique tells you things exactly as they are, but in a way that gives you confidence and direction. Her preparation, attention to detail, and dedication are second to none. Because of her guidance and hard work, I’ve now achieved a fair 50/50 outcome and peace of mind for my son’s future. If you want a solicitor who genuinely cares, fights for what’s right, and has a no-BS approach, Angelique is the one you want in your corner. — Rabil A

sue

I cannot thank Angelique enough for her support, advice and guidance throughout my divorce journey. Angelique was there to explain the legal jargon and what the next steps were along the way with emails, texts and phone calls. She always responded with compassion and understanding of the emotional rollercoaster I was on, I always felt she understood and that I was a person and not just a client. I was recommended Angelique and I too recommend her. Thank you again Angelique for your knowledge, support and guidance, its been a journey for us both!

Deepali Mehra

I had a great experience working with Angelique on renegotiating a financial consent order. She was approachable, clear, and responsive throughout — exactly what I needed during a process that could’ve been overwhelming. She helped me explore different options without pressure, and her explanations made everything easy to understand. We even managed to laugh along the way, which made a real difference. Highly recommend her for anyone wanting a solicitor who’s both professional and down-to-earth.

Jat Dhaliwal

Hopeholm helped me with my case over a year with numerous issues. Angelique provided prompt advice and service throughout. She has gone above and beyond for me and the end result was one I am happy with. Wholehearted recommendation from me for any family law matters.

Anonymous

Angelique (HopeHolm) is an exceptional solicitor with a heart of gold. Her dedication goes beyond just providing legal expertise—she truly cares about her clients and their families. Compassionate and understanding, she takes the time to listen, support, and fight for the best outcome. Her kindness, combined with her professionalism and knowledge, makes her not only a remarkable solicitor but also someone you can trust during the most challenging times. She isn’t just focused on the financial aspect but genuinely prioritizes the well-being of those she represents. Don't hesitate to instruct Angelique to be your solicitor, you won't regret it.

Elsa Franca

After being with other solicitors on my lengthy 3 years court case, I was recommended to Angelique by my barrister. She had to untangle my case which was quite complicated. She worked diligent and strenuously. In the end and for everyone's surprise, she was able to reach a settlement using her expertise, dedication and professionalism. She worked hours on end putting always my children's and my best interest at heart. I can't stress enough how helpful Angelique was! This case put so much financial, emotional and mental strain on me. Angelique was a God sent gift! She is not a common solicitor, she does make a difference! I most HIGHLY recommend her for her professionalism, honesty and unique desire to solve your case as much as you do! I am forever grateful to Angelique and I wish her all the very best in this world!

Fathiya Ali

I cannot thank Angelique enough for her unwavering support and relentless fight for my ongoing child custody case. From the very beginning, she has been more than just a solicitor—she has been a massive support during one of the most difficult times in my life. Her dedication has gone far beyond office hours. She truly cares, not just about my case but about me as a person. Her empathy and compassion are evident in every conversation, as she always checks in on me, listens to my worries—reassuring me throughout this process. Unlike any other solicitor, she provides a truly human experience, going above and beyond to ensure I feel supported and heard. I wholeheartedly recommend her to anyone in need of legal help—she is exceptional in every way.

Sunny Sharma

I strongly recommend Angelique Holm’s Solicitors firm, HopeHolm, for anyone seeking expert legal advice and representation. Her deep knowledge of divorce and family law is matched by her ability to explain complex legal concepts in a clear and approachable manner. Angelique took great care and time to understand my predicament and circumstances, particularly as it came as a sudden shock, but she was able to offer her expertise to achieve the best possible outcomes. Throughout my experience with Angelique, I was consistently impressed by her professionalism, responsiveness, and dedication. Her attention to detail, meticulous preparation, and ability to anticipate potential challenges gave me complete confidence in her abilities. Angelique also demonstrate great empathy and understanding, making the legal process less stressful and more manageable than it could have been in different circumstances. Whether you need advice, negotiation skills, or representation in court, Angelique offers unparalleled expertise and a client-focused approach that ensures you are in capable hands. I would not hesitate to recommend her to anyone in need of reliable and trustworthy legal support services. I am deeply grateful for Angelique & HopeHolm's dedication and advise in my contentious and laboured divorce procedure. Many thanks indeed Angelique.

What is a separation agreement?

Why do you need a separation agreement?

Here are some examples of why you may need a separation agreement

How Child Maintenance and Contact Works: A Guide for Separating Parents

Can I Move Overseas with my Child After my Separation?

Prenuptial Agreements for Second Marriages

I am an expert ! Why do you need one ?

Financial Consent Orders