Ending a marriage.

Separating with a separation agreement.

A separation agreement is a written agreement between a couple who intend to stop living together, setting out how they wish to resolve the issues of money, property and children. It is usually made by a married couple, but any couple can draw up an agreement as a way of resolving and confirming the arrangements they have come to.

Examples of what may be included are, an agreement:-

• to live separately. This releases both partners from the duty to cohabit which is part of the marriage contract. If one member of a married couple does not agree on separation, the agreement should not be included as it will prevent any future right to sue for desertion in divorce proceedings;
• not to molest, annoy or disturb the other partner;
• to provide maintenance for the other partner, usually the woman. This would normally say that maintenance will stop if the woman cohabits with another man. Any agreement not to apply to a court for maintenance is invalid;
• to provide maintenance for any children of the relationship. Any agreement not to apply to a court or to the Child Support Agency is invalid;
• on who the children should live with and have contact with.

The advantage of a written agreement is that it is easier to ensure that both partners understand what has been agreed to. It also means that either partner can go to court to vary the order at a future date. It is advisable to consult a solicitor when drawing up an agreement, but the couple should work out in advance the general areas they want to cover. This will reduce the legal costs. Legal aid may be available under the legal help scheme.

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