What is a Deed of Separation?
A Deed of Separation is a formal agreement between a couple that outlines how they will manage their financial responsibilities, property and, if applicable, child arrangements while living separately.
It typically covers:
- Division of assets and finances: How savings, investments, property, debts etc will be split.
- Living arrangements: Who will live in the family home or how the home will be sold or transferred.
- Child arrangements: How children will be cared for, including how they will spend time with both of you and financial support.
If You’re Married
While many assume that divorce is the only way to formalise a separation if you’re married or in a civil partnership, a Deed of Separation can also provide a structured agreement for couples who are not yet ready for divorce or who want to live apart while settling key issues.
Perhaps you are unsure whether divorce or dissolution is the right choice for you. Maybe you need time to decide or you’d prefer to live separately but not divorce. Some couples may have religious, cultural, or personal reasons for avoiding immediate divorce. A Deed of Separation gives you time and space while maintaining clear agreements on important matters.
Unlike a divorce or dissolution of a civil partnership, a Deed of Separation does not legally end the relationship but provides a legally binding framework for how you move forward during your separation.
If You’re Cohabiting
As more couples choose to cohabit without marrying, it’s important to understand the legal implications of separation for unmarried partners. Cohabiting couples often assume they have similar rights to married couples, but English law treats them differently. There is no such thing as “common law marriage” in England, meaning that cohabiting partners don’t have automatic rights to property or financial support upon separation. This is why creating a Deed of Separation can be crucial, as it clearly outlines who gets what and prevents future disputes.
You can find out more about separating from a partner you live with in the The Advice Now Guide. This will tell you more about what you need to think about and what the law says.
Finalising the Deed of Separation
Once an agreement has been reached, you should instruct a solicitor to draft the Deed of Separation to ensure it meets all legal requirements.
While not as binding as a court order, if you’re married it can later be used as the basis for a consent order during divorce proceedings if both parties agree to do so. If you’re not married, the Deed of Separation can be used as evidence of an agreement if disputes arise later. Courts may also take it into account when making future rulings.
Before finalising the deed of Separation you should both:-
- Make full and frank financial disclosure
- Make sure you are in full agreement and not pressured in any way into signing the Deed.
- Take independent legal advice
- Use an experienced family lawyer to draft the Deed
- Make sure you have the Deed signed and witnessed.
How Can Family Mediation Help?
Separation can often be emotionally charged which makes discussions around finances or children difficult. When emotions run high, it can be hard for separating couples to agree on important matters such as property or custody. This is where family mediation can play a crucial role. Mediation provides a neutral, structured space where both parties can discuss their needs and concerns openly. The mediator facilitates productive conversations, ensuring that both sides are heard and that emotional reactions don’t derail discussions.
With mediation, you and your partner can come to an agreement that works for both of you, ensuring it reflects your specific circumstances. You not only save time and money, but you also retain control over the outcome.
At Vollans Mediation we offer a range of family mediation services to help couples resolve disputes amicably. Our team of experienced and accredited mediators is dedicated to helping couples navigate separation, whether they’re married or cohabiting.
If you’re facing separation and need guidance, contact us to learn how we can support you through the process with professional and compassionate support.
For further advice or to book a consultation, visit our website or call us on 0113 213 3662
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