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Sample Separation Agreement

By: Abigail Taylor - Updated: 30 Aug 2017 | comments*Discuss
 
Separation Agreement Children Divorce

Below is a sample Separation Agreement on which you can base your own agreement. It is not the only way of writing such an agreement and you may wish to miss out some clauses, or alternatively add some in. However it is a starting point you can use if drawing up your own agreement. Even if you can't agree every section, any you have agreed will be useful to present to any legal representative you hire and could help to reduce costs by narrowing down the issues in contention:

Separation agreement between: Joe Bloggs (DOB 25/05/62) and Susan Bloggs (DOB 18/03/68)

General terms

  • We agree to live apart and not molest each other.
  • We agree to cooperate with any reasonable requests in relation to our children and allow pre-agreed one-off alterations to our contact arrangements where it is in the children's benefit.
  • We agree to exchange contact details including mobile phone number, email and postal address which we will keep up to date to enable us to contact each other in relation to any matters in relation to the children.

Children

Our two children, Tim Bloggs (DOB 25/07/2004) and Sam Bloggs (DOB 13/01/2006) will live and sleep at Susan Blogg's house Sunday to Thursday night inclusive during school term time. They will live and sleep at Joe Blogg's house Friday and Saturday night during school term time.

During half term holidays, both children will live and sleep at Tim Blogg's house for the week, returning to Susan Blogg's house the evening before school start by 4pm latest.

Both children will continue to attend St Mary's Catholic School in Gladbury until they reach high school age. At this point we agree to meet to discuss their continuing education at a non-fee paying grammar school.

All school uniform will be paid for by Joe Bloggs. Any other school fees such as non-uniform day will be paid for by Susan Bloggs. Any school trips will be paid for 50/50 by both parties. If any school trips cost over £200 to an individual party (£400 in total) they are to be discussed before the children are promised they can go.

Maintenance payments

Joe Bloggs will pay Susan Bloggs £350/month on the first of every month as maintenance payments for the children. This will continue until the children turn 19 years old or leave full-time education (up to and including A levels).

It is anticipated that Susan Bloggs will continue working 3 days per week and seek full-time employment as soon as possible. To assist with utility payments until this time, Joe Bloggs will pay Susan Bloggs £80 per week, on Monday of each week, for one year from today (28/08/12) or until she gains full-time employment, whichever is sooner.

Joint accounts

Our remaining joint current account at the Halifax, account number 001483 will be closed and any money remaining in the account split 70/30 between us in favour of Susan Bloggs.

Joint debts

Our loan from Lloyds TSB taken out to purchase a second family car has £1650 left to be paid on it. This will be paid by Joe Bloggs within the next 3 months so that the car is owned outright and the debt paid off.

Our mortgage will remain on the former family home, kept by Susan Bloggs. This will be transferred into Susan's sole name though Joe Bloggs will pay the first 6 months of the mortgage to assist with initial payments.

Joint savings

The ISA at Yorkshire Building Society in Susan's name contains £3,444.23. This will be kept by Susan Bloggs and held on trust for our two children Tim Bloggs and Sam Bloggs for when they turn 18 years old.

The ISA at Yorkshire Building Society in Joe's name contains £2.998.01. This will be kept by Joe Bloggs and held on trust for our two children Tim Bloggs and Sam Bloggs for when they turn 18 years old.

Property

Susan Bloggs will keep the former family home and continue to pay the mortgage (with the afore mentioned 6 months paid by Joe Bloggs).

Joe Bloggs will have sole possession and equity of his late mother's house which was formerly rented out but has been empty for 2 months. This will be his sole residence. It is owned outright and has no mortgage on the property.

All furniture in the former matrimonial home will remain in the house in the sole possession of Susan Bloggs. The family dog will also remain in Susan Blogg's possession with the children.

Susan Bloggs will keep her car (registration SB55 JOE) and Joe Bloggs will keep his car (registration JB55 SUE).

Family firm

Susan Bloggs will immediately sell her 15% share in Joe Bloggs family company, Bloggs Joinery. She will receive £3000 for her shares paid, at the latest, on the last day of this financial year. She will also receive a 10% share of any Christmas bonus paid to Joe Bloggs on 24/12/12 within 5 working days.

Pension

Joe Bloggs will keep his private pension. No share will be paid to Susan Bloggs from this pension.

Life insurance

Susan Bloggs will remain the beneficiary of Joe Blogg's life insurance until the youngest child, Sam Bloggs turns 18 years old.

Wills

Our wills make Joe Blogg's brother, Raul Bloggs, the guardian of our children should anything happen to both of us. We will maintain this arrangement.

In the event of the death of one of us, the other will have sole custody of the children. The remaining party will however be under an obligation to allow the deceased party's family contact a minimum of one day / month.

Enforcement

Should either of us breach this agreement, we agree to use negotiation as a means of resolving a dispute before issuing any court proceedings.

We confirm that this is a true reflection of our agreements and that we will abide by the above terms.

S. Bloggs
Susan Bloggs
28/08/12

J. P. Bloggs
Joseph Bloggs
28/08/12

We confirm that the above parties signed this document in our presence of their own free will.

SJ.Radley
Sarah-Jane Radley (DOB 14/02/54)

M.Jennings
Matthew Jennings (DOB 01/01/82)

Both members of staff at:
SJ Flower Basket,
14 Commercial Street,
Gladbury,
GL1 2EF

Signed 28/08/12

The complete guide?

If you haven't already read our guide to creating your agreement you either download it or read part 1 and part 2 on the site.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

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[Add a Comment]
Strugglingdad - Your Question:
Hi I'm after some advice, I currently live with my wife and 2 children. Our relationship is beyond saving and I'm currently being treated for depression. Which isn't getting any better, with zero savings and no family or alternative home to live. I'm trapped. I also have another son from a previous relationship who I pay maintenance for. I genuinely don't even know where to begin, where do I live? How do I now calculate my maintenance payments to 2 different women.

Our Response:
I am sorry to hear this. If you’re paying child maintenance through CMS and you’re on the basic rate, the amount you pay will depend on the number of children you’re being asked to pay for. If your gross weekly income is between £200 and £3,000 and you pay child maintenance for other children, this is taken into account. If you are paying for one other child, your weekly income will be reduced by 11%, two other children, 14% and if you are paying for three or more other children, your gross weekly income will be reduced by 16%. I can only suggest you try to negotiate with your wife about leaving the family home when you have saved up enough money for a deposit for a home, some rental income to carry you forward and enough money to buy some furniture and goods. It is in all your best interests to ensure you are financially established before you move out as then you will be able to help your children and be able to have them overnight and support them through paying child maintenance. Our 'emotional' Separated Dads section may help you further, please see link here . I also suggest you visit your doctor for some treatment and advice for your depression. I hope you manage to resolve your situation. I know it seems difficult currently, but hopefully things will get better.
SeparatedDads - 31-Aug-17 @ 2:57 PM
Hi I'm after some advice, I currently live with my wife and 2 children. Our relationship is beyond saving and I'm currently being treated for depression. Which isn't getting any better, with zero savings and no family or alternative home to live. I'm trapped. I also have another son from a previous relationship who I pay maintenance for. I genuinely don't even know where to begin, where do I live? How do I now calculate my maintenance payments to 2 different women..
Strugglingdad - 30-Aug-17 @ 10:01 PM
Up - Your Question:
Hello, can You help me please. Any one have a sample for a " letter to my ex", about that, what I want from him, becouse he is my daughter father.

Our Response:
I'm afraid we only have the letter templates listed here. If you wish to come to a financial and access agreement with your ex and want it formalised, then mediation may be helpful to you, please see link here. I hope this helps.
SeparatedDads - 1-Dec-16 @ 11:08 AM
Hello, can You help me please. Any one have a sample for a " letter to my ex", about that, what i want from him, becouse he is my daughter father.
Up - 30-Nov-16 @ 3:57 PM
hii ended up seeing my exas her husbandwas staying awayfor 5 to 6 monthto get hes alcoholunder control solater on she found out she was pregnant thanshe said it was her husbandsi knew it was mineso i left itas there was no point in rocking the boat and knowingone day it will come outits called karma she was told to sort things outwithhusbandshe convinced him he was dad then karmacome back two and half years lateras some one took her onjeremy kyleas he was the fartherof thechild( at this pointi knew what the out comewas going to be as it was read out toperson1your not the fartherof childat this point she took the envelop and walk off stageas she knew what was coming ( JK)to the husband ( heres the karma ) you are notthe childs fathersonowfast forward every one now knows hes mineoh as for her husbandhe goneback to the beerandsplit upfor goodnow social service involved for other thingsand with me not on the birth certificate i can not see himso the first hearingis the 9th dec to get this sorted
ade - 11-Nov-16 @ 2:11 PM
Jay - Your Question:
After some advice really.My wife left me last August 2015, she walked out and didn't take our son. She in that time has turned up at school once in a year. Has no contact. But I really need to get some arrangement and protection in place. I do not have an address or have no idea where she is. She has just abandoned him. He is 9. I'm currently unable to work and on jobseekers and disability and have no assets. What can I do?

Our Response:
You can apply via the court for a child arrangement (residency) order here which will determine where your child will live on a permanent basis. However, it makes it more difficult if you cannot trace your ex. I can only suggest you take legal advice in the first instance (the Citizens Advice Bureau may be able to help). If you cannot afford to pay court fees/legal fees then you can self-litigate, please see link here. I hope this helps.
SeparatedDads - 30-Sep-16 @ 11:52 AM
after some advice really. My wife left me last August 2015, she walked out and didn't take our son. She in that time has turned up at school once in a year. Has no contact. But I really need to get some arrangement and protection in place. I do not have an address or have no idea where she is. She has just abandoned him. He is 9. I'm currently unable to work and on jobseekers and disability and have no assets. What can I do?
Jay - 29-Sep-16 @ 4:32 PM
Concerned- Your Question:
Hi my step-son's ex partner (they broke up when she was pregnant) gave birth to a little girl 9 weeks ago, since the birth she has registered the baby without putting his name on the birth certificate and never allows him access to see his daughter on his own, he's forced to go round twice a week at her mums, which he is doing to keep her happy but he would really like to have time on his own with his family so they can enjoy this magical time. She says she doesn't want child maintenance from him. Does anybody know what he can do to obtain rights to his daughter? This whole experience is awful for him as he just wants to be part of his daughter's life.

Our Response:
I am sorry to hear this. If he cannot negotiate this with his ex, he can suggest mediation, please see link: Mediation: What is it and is it For Me? here. If his ex refuses mediation, then your step-son would have the option to take the matter to court to request further/arranged access and to apply for Parental Responsibility which will give him some rights. However, he is seeing his child and it may be that the mother is being cautious( if the baby is very young and/or she may be breastfeeding). Once the child matures a little they may be able to arrange more regular access. Even if your son takes the matter to court, he may not be issued with more than supervised access for a while. Therefore, I suggest he takes legal advice before he contemplates taking this route.
SeparatedDads - 29-Jul-16 @ 2:48 PM
Hi my step-son's ex partner (they broke up when she was pregnant) gave birth to a little girl 9 weeks ago, since the birth she has registered the baby without putting his name on the birth certificate and never allows him access to see his daughter on his own, he's forced to go round twice a week at her mums, which he is doing to keep her happy but he would really like to have time on his own with his family so they can enjoy this magical time. She says she doesn't want child maintenance from him. Does anybody know what he can do to obtain rights to his daughter? This whole experience is awful for him as he just wants to be part of his daughter's life.
Concerned - 28-Jul-16 @ 11:08 PM
my ex has suspended my contact with my son even though we have a court order. i have no money to take her back to court i am in despair as i have not seen my son for 3 months now, her solicitor emailed me 3 months ago to say she is taking me back to court to ammend the order how long do i have to wait, my son is 5 and i had him every other weekend.
MJ - 26-Feb-16 @ 4:08 PM
Hi, my wife and I see separating amicably, we have two children. She is staying with them in the family home which is mortgaged. At the moment my name is staying on the mortgage as I'm concerned the lender will force a re-mortgage if I come off of it. I have stated that I want no part of the property or equity (they will need every penny if they move) and am willing to sign it all over to them. But, I have no savings, earn 15100 a year before tax. Am I entitled to any help renting a place suitable for me to have shared custody of my children? Oh, and I'll be paying half the mortgage and half a loan (around 300 a month) for the foreseeable future as maintenance.
Mikepsx2003 - 8-Feb-16 @ 2:15 AM
Jayee - Your Question:
Hi just after a little advice.Myself and my partner split 3 years ago. I pay a part of my wage a month which is just shy of the 15% CSA roughly state. £300 per month. thankfully this is not a real issue here and I have only missed one payment. My worry is over the concern of seeing my son. I will explain.My son lives with his mom in a caravan in Derby. I live in Glasgow (and for the first year Liverpool). In this three year period my ex has brought my son to me once. I try to see him for a long weekend at least every month. But because of my job I have to be here. I have never had my son on special days like his birthday, christmas, new year, haloween etc. I am getting a lot of grief at this time for missing the payment I have stated the reasons why and payment will be made. But when it comes down to the point of her being wronged then all hell breaks loose but when it is me who cares. She lives with a partner who is also seperated and they have an agreement to alternate who takes and drops off their son. I have discussed this to no avail as to sharing the load. but she won't even discuss travelling 2/3 times a year which would massivly help me. Are there any rules on this? I don't want to go to court ETC and rather keep it amicable but I seem to be biting my tongue and nothing changes.

Our Response:
No there are no set rules on this. You could try using a mediation service to have get a mutually acceptable, legally enforceable agreement drawn up.
SeparatedDads - 19-Nov-15 @ 10:23 AM
Hi just after a little advice. Myself and my partner split 3 years ago. I pay a part of my wage a month which is just shy of the 15% CSA roughly state. £300 per month. thankfully this is not a real issue here and i have only missed one payment. My worry is over the concern of seeing my son. I will explain. My son lives with his mom in a caravan in Derby. I live in Glasgow (and for the first year Liverpool). In this three year period my ex has brought my son to me once. I try to see him for a long weekend at least every month. But because of my job i have to be here. I have never had my son on special days like his birthday, christmas, new year, haloween etc. I am getting a lot of grief at this time for missing the payment i have stated the reasons why and payment will be made. But when it comes down to the point of her being wronged then all hell breaks loose but when it is me who cares. She lives with a partner who is also seperated and they have an agreement to alternate who takes and drops off their son. I have discussed this to no avail as to sharing the load. but she won't even discuss travelling 2/3 times a year which would massivly help me. Are there any rules on this? I don't want to go to court ETC and rather keep it amicable but i seem to be biting my tongue and nothing changes.
Jayee - 18-Nov-15 @ 12:22 PM
earl - Your Question:
My wife is not letting me see my son

Our Response:
Please see link: When Your Ex-Partner Denies You Access, here which, if your ex continues to prevent access, will show you the procedures you may need to go through in order to regain contact with your child.
SeparatedDads - 6-Nov-15 @ 1:49 PM
My wife is not letting me see my son
earl - 6-Nov-15 @ 12:10 AM
My x,signed our legally drawn up separation almost 4 years ago,she now claims she does not remember and is contesting it,she chose not to have legal representation and claims she was ill (mentally)at the time.We agreed,that i would keep the family home and that the children would live with me,she also agreed to leave my money alone if i gave her a house that i also owned,i have lived up to my side of the bargain,but she seems set on destroying me.Has anyone on here feed this problem and if so what was the outcome?
Roverto - 19-Oct-15 @ 11:43 PM
Hi, Thanks for all the info. I need to draft sthing as 1) Dad lives in another town & turned up unannounced just as coming in door. Stalking/harassment? 2) No set child arrangements in place but is also more uncle dad & does not want to arrange. Control. 3) Does not respond to texts. 4) Gives minimal child support so will ask to review. 5) Paid & arranged new school & uniform myself. Lots of homework. Want to sit down & discuss things but he won't. 6) Has phone & did not bring it/ safety issue- also has her passport. Writing this out see about power & control. Plus child makes excuses for him & I deal with everything Which is a challenge. Not working at moment as disabled. I have been advised to spk to a solicitor but may try this letter first.
Surviving - 18-Sep-15 @ 9:18 AM
@Morford - I'm afraid not. You can read all the Separated Dads articles online that might apply to you.
SeparatedDads - 14-May-15 @ 12:18 PM
Are there any legal pack for separation with children and visitation rights with children
Morford - 12-May-15 @ 3:51 PM
Every time me and my wife ( separated since jan2015) Have a disagreement she stops me seeing my children . ( I'm on all there birth certificates . She's tryed to have me arrested a few times over nothing and quite simply making me out to be something I'm not . I've never been arrested or in any trouble . I really don't no what to do
Ricksta860 - 22-Mar-15 @ 3:11 AM
@Tax - no, once your son is earning an independent wage you can stop maintenance payments.
Nick - 24-Feb-15 @ 2:47 PM
My son is 17 years and 5 months old, he was in college part time and working part time. He has now decided to leave college and work 31 hours a week with training to be in management. Do I still have pay maintenance payments for my son? I have a family agreement with my ex wife settled out of court.
Tax - 22-Feb-15 @ 2:38 PM
@stu - you'll be ok as long as none of your joint assets go into buying the house and you can prove the money came from your parents.
LizC - 27-Nov-14 @ 12:23 PM
I have recently separated from my wife. My parents have offered me a gift of paying for a deposit on a flat that I intend to buy. I wish to know of the vest solution so my wife can not claim half this property?
stu - 26-Nov-14 @ 8:47 PM
If my ex partner pays CSA does he have the right to see my child?
TLKDRK - 11-Jul-14 @ 5:17 PM
My and my ex husband have just agreed to split up, he's threathening to take my son away from me and the dog and says I'm a unfit mother, but allowed me to raise our son for 21 months While he worked. My ex works full time in the army, will I get full custody?
Jesselis - 8-Jul-14 @ 11:31 PM
my kids mom left state with my kids and did not tell me. she had them all write me a goodbye letter, and my daughters said she was so sorry that mommy tricked them. she only texts me to ask for money, but will not let me talk to or see my kids. i have kept it civil with her and explained i only want to talk to and see the kids and she gets real nasty and says "screw off take me to court." i need to know what my rights are and what's my first step to getting to see my kids again. we were never married
jay dogg - 3-Jul-14 @ 11:25 AM
My ex partner keeps threatening to move abroad with my daughter. She keeps informing me she will win the case if she goes to court as she as debt in southern ireland on her flat and is in rented accomodation in the uk. I asked if I couldhave my little girl longer on fathers day plus suggested 3 nights or tea instead of two! From this I have had torrid abuse and threats. I really am struggling
atl - 9-Jun-14 @ 5:19 PM
Steve, sounds like a court settlement.Gather the evidence and present your case in court.Lawyer up basically.
dee - 30-Apr-14 @ 2:46 PM
I just want to know. Why is it that the mother always gets the right to keep the kids? She left home to stay with a boyfriend while we still married. She doesn't work and has never did anything for him. She always said that he is not her child and never even changed a nappy. When he was sick with hypoplastic lung syndrome she never looked after him. Why does that make her a better mom and he has to stay with her? Can anybody tell me what I can do? Please I don't want to lose him
steve - 6-Mar-14 @ 5:42 AM
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