What is a separation agreement?
A separation agreement is a document you make when you want to stop living together as a couple. It sets out the arrangements you want to make for things like money, property and children. You can use one whether you are married, in a civil partnership or unmarried.
If you are married or in a civil partnership, you can use a separation agreement to agree the terms of your separation if you plan to delay your divorce or dissolution. We would refer you to our page for more details about divorce, dissolution and the resolution of financial matters.
If you are cohabiting and unmarried, you may also find an agreement like this useful, since common-law partners are not protected by laws in the same way as married couples.
Is a separation agreement legally binding?
A separation agreement is not technically legally binding. However, the separation agreement can be a formal legal document, if it is drawn up correctly by an experienced legal professional. A separation agreement is not a Court Order, and the Court is not involved in creating it. However, it is a contract so can be challenged in a Court in the same way as any other contract. This is why it is important for such a document to be properly prepared by a family solicitor.
If a separation agreement is entered into voluntarily by both parties, with the benefit of legal advice, full financial disclosure of both parties, and the terms in the agreement are fair and reasonable – then it is unlikely a Judge would interfere to change it. It is important to have the separation agreement drafted by a legal expert so you get it right first time, so take the time to get it right now in case it is later challenged by either party. If you have an existing separation agreement, but later disagree and require the Courts to settle the dispute, then there is the chance that a Judge may see no reason to vary it when making financial orders and child arrangement orders.
A separation agreement can often be made into a Consent Order later in the divorce or dissolution process, by having your solicitor properly draft it and then applying to the Court – so making it legally binding upon approval by the Court. It is important to note that a Consent Order reflecting the terms of the separation agreement, will be reviewed by a Judge, and if they consider that the agreement reached is not fair and reasonable in all of the circumstances, then the Judge can reject the Consent Order and state what the concerns or issues are.
What if you were engaged
There are no legal formalities required for engagement, because an agreement to marry has no legal effect. The law in England and Wales states an agreement to marry is not a contract, and therefore not enforceable through the Courts as a breach of an agreement.
Do I need a separation agreement?
Not everyone needs one, but they can be especially helpful if you are planning to delay your divorce, you have children or finances to divide. It is a good idea to have a written record of things you have agreed.
If you are on good terms with your ex, then an informal or unwritten arrangement may work fine for you. However, we find that this is not always guaranteed with separating couples especially if your relationship deteriorates and one partner later changes their mind! That is why it is useful to make a formal written agreement with advice from a family Solicitor.
If you decide to enter into a separation agreement, we can assist you with any negotiations and preparing the separation agreement.
Children
If you were not married and have a child together and you require financial assistance for the benefit of a child, in addition to child maintenance payments, you may be able to apply to the Court if you cannot reach an agreement with your ex-partner. If negotiations with your ex-partner breakdown, then a Court application under Schedule 1 of the Children Act 1989 provides the Court with powers to order financial provision for a child. This should not be confused with the resolution of financial matters in relation to divorce or dissolution proceedings, as these proceedings will deal with any financial requirements for any child of the family.
Applications under Schedule 1 can only relate to the needs of a child and not the needs of the parent. Certain people can apply such as a parent or even the child themselves, depending upon their age. The Court has a wide range of powers and can make orders relating to periodical payments, lump sums or property orders. If an order is made, such orders will usually terminate when the child attains the age of 18, but there are limited circumstances when orders can remain in place for longer periods of time. Indeed, in certain circumstances, an application can be made when the child is 18.
We can advise you further on your specific circumstances and whether it would be appropriate to make an application under Schedule 1 of the Children Act 1989
Family law team
Julie Slater-Williams
Family Law | Head of Department | Partner
Experience
Julie qualified as a Solicitor in 2005. She has specialised in Family Law all through her career, throughout Staffordshire and Cheshire. In 2015, she joined Keelys LLP. Julie is a Partner and Head of Department.
Practice Area
Julie has practiced family law throughout her career, qualifying in 2005.
Julie has extensive experience of all areas of family law including divorce, dissolution of civil partnerships, private law children matters, special guardianship orders, pre nuptial and post nuptial agreements and financial matters on divorce / dissolution.
Julie has experience with high net worth cases including multi million pound assets, high value pensions and high value businesses. She regularly liaises with top tier counsel in cases involving unusual elements and arguments relating to conduct and intractable contact disputes and implacable hostility in children cases.
Julie is also a qualified collaborative solicitor. She is trained to assist clients in settlement focused manner where this is deemed appropriate. She has strong links with other collaborative solicitors. Julie’s ethos is to get to the heart of cases in as cost effective and stress reduced way as possible. Where this is not possible, Julie will advise and litigate to contested hearings to ensure that the matters that need to be dealt with are done so as swiftly and thoroughly as possible to ensure the needs of the client are met.
Qualifications
Solicitor
Interests
Julie is a keen reader, traveller and enjoys spending time with her children doing fun things.
Marie Bell
Family Law | Matrimonial Executive
Experience
Marie joined Keelys in December 2013. She has over 20 years experience of working within a family law department. Marie became a Graduate Member of the Chartered Institute of Legal Executives (now known as CILEX Member – Advanced Paralegal) on the 25th March 2025 and she obtained her certificate in family law in August 2011. Marie is currently working towards her fellowship, with a view to becoming a CILEX Fellow.
Practice Area
Marie specialises in divorce and the resolution of financial matters. Marie also undertakes work in relation to separation agreements where unmarried couples were engaged and children proceedings.
Qualification
MCILEX
Reporting to
Head of Family Law department: Julie Slater-Williams
Interests
Out of work Marie enjoys the outdoors by volunteering on a Local Nature Reserve, walking and cruising the inland waterways on a narrowboat. She also enjoys wildlife photography.
Julie Cox
Family Law | Family Lawyer
Experience
Julie has over 10 years’ experience representing clients in family law cases in addition to Court advocacy representation.
Practice Area
Julie specialises in all private family matters, including divorce, judicial separation, dissolution of Civil Partnerships, cohabitation agreements and disputes, financial negotiations and settlements, pre and post-nuptial agreements, child arrangements and Injunctions.
Julie is known to have a pragmatic but empathetic approach and has a number of outstanding recommendations and reviews from previous clients.
Highlights
- International child relocation
- Return of a child in a child abduction case
- Successful defenses to Injunctions
- Prevention of dissipation of international assets in financial remedy case
Qualifications
CILEX
Reporting to
Head of Family Law department: Julie Slater-Williams
Nashmeen Malik
Family Law | Assistant
Experience
Nashmeen became part of Keelys Family team in June 2023 as a Matrimonial Assistant. Nashmeen has many years’ of experience assisting in relation to Family matter, Wills, LPAs, and Probate Law. In April 2023, Nashmeen successfully concluded her Paralegal Training and UK Legal System training at QLS Level 5.
Reporting to
Head of Family Law department: Julie Slater-Williams
Interests
Outside of the legal realm, Nashmeen is passionate about holistic healing, personal development, and spirituality. Graduating as a holistic life coach and Mind Body Practitioner in 2021, she finds delight in delving into literature on spirituality, neuroscience, and positive psychology, while also cherishing moments spent with her loved ones.
