Typical Separation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Typical Separation Agreement

"I need a Typical Separation Agreement to formalize the separation from my spouse, including arrangements for our shared property in London and provisions for our two children, with the intention to begin the separation from March 2025."

Document background
A Typical Separation Agreement is used when couples in England and Wales decide to separate but are not yet ready or willing to divorce. The document creates legally binding arrangements covering financial matters, property division, and child arrangements where applicable. It provides clarity and certainty during separation while protecting both parties' interests. The agreement can be particularly useful when couples want to establish clear boundaries and responsibilities during their separation period, and can later be used as the basis for a divorce settlement. It must comply with English and Welsh law and should be drafted with independent legal advice for both parties.
Suggested Sections

1. Parties: Details of the separating parties including full names and addresses

2. Background: Brief history of relationship, marriage date, separation date, and reason for agreement

3. Definitions: Key terms used throughout the agreement

4. Living Arrangements: Details of who will live where and occupation rights

5. Financial Arrangements: Division of assets, liabilities, and ongoing financial obligations

6. Declaration of Understanding: Confirmation that both parties understand the agreement

Optional Sections

1. Children Arrangements: Details of custody, access, and maintenance arrangements for any children of the relationship

2. Pension Arrangements: Division of pension assets and arrangements for pension sharing or offsetting

3. Business Interests: Division of business assets and ongoing arrangements for any shared business interests

4. Pets: Arrangements for pet custody, care and associated costs

Suggested Schedules

1. Schedule of Assets: Comprehensive list of all shared assets and their agreed division

2. Schedule of Liabilities: List of all shared debts and responsibilities

3. Financial Disclosure Statements: Detailed financial information from both parties

4. Property Valuations: Professional valuations of shared properties

5. Child Arrangements Schedule: Detailed visitation schedule and specific arrangements for children

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Industries

Matrimonial Causes Act 1973: Primary legislation providing the framework for divorce and separation, including financial provision, property adjustment, and maintenance obligations

Children Act 1989: Legislation governing child arrangements and welfare, parental responsibility, and financial provisions for children

Family Law Act 1996: Covers domestic occupation rights, protection from harassment, and occupation orders in family matters

Civil Partnership Act 2004: Legislation applicable for same-sex couples, providing similar provisions to marriage

Trusts of Land and Appointment of Trustees Act 1996: Deals with property ownership rights, joint tenancies and tenancies in common

Welfare Reform and Work Act 2016: Contains provisions relating to child maintenance and benefit considerations

Human Rights Act 1998: Ensures consideration of right to family life and privacy in separation agreements

Common Law Principles: Includes precedents regarding financial settlements, principles of contract law, and principles of equity

Enforceability Requirements: Key considerations including full financial disclosure, independent legal advice for both parties, fairness and reasonableness, and future variation possibilities

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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