Find a Solicitor for your

Separation Agreement

What should a separation agreement include?

A well-drafted separation agreement should cover all key aspects of your financial and personal separation. Our separation agreement solicitors can draft an agreement that reflects your exact wishes and protect your interests. Here are some of the key things to think about including:

• Division of assets: Who will keep the house, car, savings, or other joint possessions?

• Debt responsibility: How will any loans, credit card debts, or mortgages be handled?

• Child arrangements: Where will the children live, and how will parenting responsibilities be shared?

• Financial support: Will one party pay spousal or child maintenance?

• Living arrangements: Who will remain in the family home, or will it be sold?

• Future financial agreements: Clarifying how pensions, inheritance, or future assets will be handled.

How our separation agreement solicitors can help

Sorting out a separation agreement can feel overwhelming, but we’re here to make it simple, fair, and stress-free. Our expert separation solicitors will guide you through the process, ensuring your agreement protects your interests and sets clear terms for the future. Here’s how we can help:

Drafting a clear, legally sound agreement

A well-written separation agreement can help avoid future disputes. We’ll ensure yours accurately reflects your decisions and is properly documented so there’s no confusion down the line.

Tailored legal advice

Every separation is different. Our solicitors will explain your legal rights and obligations, helping you understand what’s fair and ensuring you make informed decisions.

Helping you negotiate fair terms

If needed, we can help mediate discussions between you and your ex-partner, making sure the terms of your agreement are balanced and work for both of you.

Making it court-ready

While separation agreements aren’t legally binding, courts may uphold them as a contract if they’re properly drafted. We’ll ensure your agreement is professionally written and legally robust, increasing the chances of it being recognised in court should disputes arise.

💡 Good to know: A separation agreement is a formal document, but it’s not legally binding like a court order. That said, if it’s drafted properly by a separation lawyer, it can still carry legal weight as a contract. That’s why it’s worth getting it done right with expert legal advice.

Do I need a solicitor for a separation agreement?

Technically, you can write a separation agreement yourself, but it’s risky - small mistakes or missing details could make it unenforceable. To give it the best chance of holding up in court, it needs to meet certain conditions:

• Both partners must get legal advice before signing.

• Both financial situations should remain broadly the same as when the agreement was made.

• Both must fully disclose their finances to ensure fairness.

A solicitor can make sure your agreement is watertight, fair, and legally sound, covering all financial aspects and protecting you from future disputes. If things ever end up in court, having a properly drafted agreement gives you a much stronger case.

Solicitor fees for separation agreements

The cost of a separation agreement depends on how complex your situation is and the level of legal support you need. For straightforward agreements, typical solicitor fees can range from £1,000 to £1,500. However, if there are disputes over finances, children, or property, costs can increase due to the extra legal work involved.

At Lawhive, our fixed-fee services start at just £429 for a professionally drafted separation agreement* - with no hidden costs or surprise hourly rates.

💡 Good to know: For comparison, the broad government’s guideline rate for a solicitor with over two years’ experience is £242 per hour. At Lawhive, we believe in fair, upfront pricing - so you know exactly what you’ll pay before you start.

*drafting only

Who are our divorce and separation lawyers?

At Lawhive, we work with experienced separation and divorce solicitors who specialise in family law and relationship breakdowns. Every solicitor in our network is:

• Fully qualified regulated: You’ll be matched with a Chartered Legal Executive (CILEX) lawyer or a Solicitors Regulation Authority (SRA) regulated solicitor, so you can be confident you’re receiving expert, professional advice.

• Experienced in separation agreements: Our solicitors have extensive experience in handling separation agreements, divorce settlements, and financial arrangements, ensuring your interests are protected.

• Highly rated by clients: We carefully vet our solicitors, checking client reviews, success rates, and past cases to ensure you receive the highest level of service.

How enforceable is a separation agreement?

A separation agreement is a formal legal document, but it isn’t automatically legally binding like a court order. However, if it’s properly drafted by a solicitor and both parties have followed the right steps, a court is more likely to uphold it as a contract if a dispute arises.

When is a separation agreement more likely to be upheld?

If a court is asked to review the agreement, they’ll consider whether:

1. Both partners were honest about their finances at the time of signing.

2. Neither person was pressured into signing the agreement.

3. Both parties took independent legal advice before agreeing.

4. Financial circumstances haven’t changed drastically since the agreement was made.

While a court won’t enforce unfair terms - for example, one party agreeing never to claim child maintenance or child support - having a well-written agreement can help avoid disputes and set clear expectations for both of you.

How long should a separation agreement last for?

A separation agreement lasts until either partner decides to change or cancel it or until the couple divorces or dissolves their civil partnership. While there’s no set expiration date, the agreement should remain fair and relevant to both parties' circumstances. Typically, a separation agreement lasts until:

• Both parties agree to change or cancel it.

• The couple decides to divorce or dissolve their civil partnership.

• Circumstances change significantly, making the agreement unfair or outdated.

Do you need a two-year separation agreement?

In the past, couples would sometimes agree to a two-year separation before divorcing, as this was required to prove separation under previous divorce laws. However, this is no longer necessary since the introduction of no-fault divorce under the Divorce, Dissolution and Separation Act 2020.

Should I get divorced or make a separation agreement?

Deciding between divorce and a separation agreement is a personal choice, and there’s no one-size-fits-all answer. Some couples aren’t ready to divorce straight away - whether it’s due to financial reasons, emotional uncertainty, or wanting time to figure things out. A separation agreement can offer clarity and structure during this time, helping both of you agree on key decisions while you work out what comes next.

Even if you’re still living together while separated, you’ll need to decide how to split finances, property, and childcare responsibilities. A separation agreement sets out clear terms, helping to avoid future disputes - especially if you later choose to divorce.

What are my next steps?

If you’re separating and want a clear, legally secure agreement, our separation agreement solicitors can help you protect your interests and avoid future disputes. Get a free, fixed-fee quote today and take the first step toward a fair and secure separation agreement.