Agreeing a separation deed

Like many couples, you may agree to separate for a length of time before seeking a divorce and you may wish to settle your financial arrangements without delay. If you are not married, see our page on ‘Breaking up if you have been living together’.

You can separate formally without involving the family court by drawing up and signing a written separation deed or agreement which:

confirms arrangements for living apart;
details your agreements about maintenance, finances and property; and
incorporates any other financial arrangements you wish to include.

You cannot force your spouse to sign this document, so if you cannot agree your financial arrangements, you may want to consider applying for a divorce.

Should you or your spouse make a financial application at any time after agreeing a separation deed, the court must consider the deed but is not bound it. To ensure it carries sufficient weight you should therefore:

each make full and frank financial disclosure;
each seek the legal advice of your own solicitor; and
have an expert family lawyer prepare your deed.

Provided that nothing has changed since, and you have each entered into the agreement voluntarily and have followed the steps above, you can ask for your separation deed to be formalised in a consent order should you go on to obtain a divorce.

However, if you entered into an unfair separation agreement or there has been a significant change in circumstances, you can ask the court to look at your situation afresh.

We can advise you

Based in the City of London our matrimonial solicitors are on hand for a convenient appointment between meetings or before your commute home. We will explain your options in straightforward language so that you can make informed decisions about what is best for you and your children.

We are used to working with busy executives and international families and regularly have meetings via Skype or video call with clients in other time zones.

Funding for legal advice or representation

Once we understand your circumstances, we will advise you on the options that may be available to you.

Contact our matrimonial team

To organise an initial consultation, in complete confidence, please contact a member of our specialist family team who will be able to help.

Who to contact

Linda Pope

Partner

What clients say

I cannot thank you enough for all your hard work. It has been life-changing for me and my family. You have literally become a household name with us because you have been such a significant part of our journey.
You will always be my first point of call if I ever need to revisit this, or any other legal matter and I will recommend you and Miles & Partners without hesitation. I hope this reflects how happy I am with the advice, work and outcomes of my case.
Family law client advised by Linda Pope

“A dynamic, knowledgeable and practical team of specialists.
A very strong and knowledgeable family team that goes that extra mile for its clients.”
2021 Legal 500

“The service I have received from this law firm has been fantastic! Especially Michelle Uppal who has been extremely efficient, helpful and very professional, I would certainly recommend her as a great family lawyer!”
Anonymous client

“I am very impressed with the client focus of the family team, whether the client is a city lawyer or someone coming into contact with the law for the first time. They will always make sure the client is aware of all the options available to them, whether that is mediation, collaborative law, or traditional litigation and they will provide advice and support to the client every step of the way.
In addition, they have particular expertise in complex child care cases and are expert in supporting vulnerable clients facing the prospect that their child may be taken into care by the local authority.
Miles & Partners is truly focussed on quality and was instrumental in setting up a small group of like-minded firms, which meets regularly to exchange ideas, provide mutual support and share good practice. They are a great example of a progressive law firm.”
VL, Management Consultant

“Without exception, everyone in the firm has dedication to their clients that is second to none. Many of their cases involve serious issues and they approach them with empathy and compassion and spend as much time with the clients as is needed. In my experience the gift of time is not one many firms are willing to give. Many of their clients are children and/ or are extremely vulnerable and they always make whatever allowances are required.
Miles and Partners always have the ability to inject new vigour into every case. Their motivation is both rare and inspiring. Coupled with their clear passion for the system, job and their clients they all have a sharp knowledge of the law and apply it accordingly. When instructed by them it is clear that they have full grasp of all the issues and their preparation of the case simply cannot be faulted.
Likewise when appearing against them as opponents, they conduct themselves with charismatic fairness whilst never faltering from the task of vigorously fighting for the interests of their clients.
The family courts would be much poorer place without them, both in terms of their personal presence and the assistance they give to judges and the family justice system as a whole.”
TH, Barrister

“I would not hesitate to refer clients who need expert family and matrimonial advice to Miles & Partners matrimonial team because I know they will receive a first class service and client care second to none. Miles & Partners geographical position, on the edge of the City, is perfect for clients who need a flexible and swift service that fits with their day and working patterns.”