A separation agreement is a legal document that records what you and your spouse have agreed about things like children, property, money and bills while you live apart. It is often used by couples who are not yet sure whether the difficulties are permanent. At Brockbanks Solicitors, we work with you patiently and without judgement to put a clear agreement in place.

A separation agreement is not automatically binding in the way a court order is, and a court keeps the final say over finances on a divorce. That said, where an agreement has been properly drawn up — with both parties taking independent legal advice, being open about their finances, and entering into it freely — a court will often give it real weight and may well uphold its terms. We make sure yours is drawn up carefully so it stands the best chance of being upheld.

A separation agreement lets you formalise arrangements while staying married, whereas a divorce legally ends the marriage. Many couples use a separation agreement first, especially when they are not certain divorce is the right step. Our family law team will talk you through both options so you can make the decision that suits your circumstances.

Yes — a separation agreement can set out where the children live, how time is shared and how their costs are met, alongside arrangements for property and maintenance. Having it in writing reduces the risk of disagreement later. We help you cover everything that matters, so nothing important is left unsettled.

If you decide to divorce, the agreements you have already reached cannot necessarily be easily undone, which is one of the main reasons people put a separation agreement in place. It gives you a clear starting point rather than beginning negotiations from scratch. Our solicitors draft your agreement with that future possibility in mind, protecting your position either way.

It is strongly advised that each partner takes their own independent legal advice, because that helps show the agreement was entered into freely and fairly. This makes it far more likely to hold up if it is ever questioned. At Brockbanks Solicitors, we’ll explain exactly why this matters and make the process as straightforward as possible.