Separating informally

If you and your partner are married, you can separate by an informal arrangement

If you and your partner agree, you can make arrangements about children, money, housing and other property without going to court. However, any informal arrangement made when you separate may affect future decisions if you do ever go to Court.

A Court may change an arrangement made by a couple that it considers to be unreasonable or, in the case of a child, if it’s not in the child’s best interests.

Separating with a separation agreement

A separation agreement is a written agreement between a couple who intend to stop living together. It sets out how they wish to sort out financial arrangements, property and arrangements for the children.

The advantage of a written agreement is that it’s easier to make sure that you both understand what has been agreed. It also means that either partner can go to court to change the order in the future. It is advisable to consult a Solicitor when drawing up a separation agreement, but you should work out in advance the general areas you want to cover. This will reduce the legal costs.