If your relationship ends in a separation, you may agree to amicably go your separate ways and divide the property you own yourselves. However, even if this is the case, it is always a good idea to have the separation (and what you have agreed) recorded in a separation agreement.
A separation agreement will avoid the need of one party coming back and saying the division was unfair, which could lead to court proceedings which are costly and can be stressful on all parties involved. Once a separation agreement is signed, it is binding and can only be overturned by a court where exceptional circumstances exist.
This agreement will include information on the separation, like the date (which can later be used as proof of separation in the event you want a divorce), repayments of debts, division of bank accounts and household items or vehicles and any other matter deemed appropriate.
To formalise a separation agreement, both parties will need to take independent legal advice from a solicitor who will explain the agreement and sign that they have explained the details to you.
So while a separation agreement is, from a legal perspective, not necessary for a separation, it is always a good idea to get in touch to discuss whether one might be right for you.
