A separation without a break in body does not end a marriage or partnership of life – you are simply freed from the obligation to live together. To ensure that a separation agreement is not called into question, you and your ex-partner must be completely open about your finances. This is called “financial disclosure.” A lawyer can then make your separation agreement legally binding by turning it into a “consent order,” as long as you and your ex-partner agree. In this article, you will find out why and when you should use a separation agreement. It can apply to both married and unmarried couples who are separating. Technically, no. Although the separation agreement may be a formal legal document, it is technically not legally binding if it has been properly drawn up by experienced lawyers. A separation agreement is not a court decision and the court is not normally involved in its preparation. But it is a treaty – so it can be challenged in court, like any other treaty. That is why it is important that it is properly written by a lawyer.
In order to increase the likelihood that a court will impose a separation agreement, it is essential that both parties have independent legal advice on the terms of the agreement. If you are interested in a separation agreement, read our full version here. We also have a wide selection of articles on divorce and separation that deal with legal and emotional issues during separation. Before preparing a separation agreement, each party must provide a full and open financial disclosure, with evidence of its assets and liabilities.