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Sample Separation Agreement

By: Abigail Taylor - Updated: 14 Jan 2023 | 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.

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[Add a Comment]
My ex wife’s GRANDMOTHER died and we bought the house from the 2 sons and 1 daughter as house was left to them.We bought the house from the 3 of them. My then girlfriends mum said she will give my ex wife her 1/3rd of the house, and she asked me to sign a document to say I am only entitled to a 1/3rd of the house if we split up as I was just her boyfriend at that point. We then got married 11 years later, and unfortunately we are splitting up….my wife says that I will only get a third of the houses worth? We live in Scotland so I’m just seeking advice on what I should be entitled to, or will me signing this letter come back to bite me?
Fuzzy - 14-Jan-23 @ 7:01 PM
I have just split with my boyfriend, we have recently bought a house together, I intended to keep up with the mortgage payments and bills on the property. He will no longer live here, He is willing to go along with this agreement, if I pay him his half of the deposit. His name will stay on the deeds for a minimum of three months so I can prove to the Mortgage lender I am able to pay it on my own. I need advice on a letter of agreement by both parties before I give him his money Thanks
AB - 6-Dec-19 @ 1:29 PM
I have been married 4 years now 3kids aged 9 and 6 (twins) I am from a broken home and dont really want to put my kids through that as i know how awful that was for me growing up. I have a great relationship with both my parents now though which makes me think it will be worth it in the long run. I pay for the mortgage and all the Bill's and pay an extra 750 into the joint account for food entertainment etc. My wife currently doesn't really earn anything but is hung up on me paying more money into the joint account. It Its has come to the point where I have decided enough is enough and I am refusing to give her any more money. She was happy to hide 200 a month in her own account when we were getting tax benefits while 100% of my earnings were going into the joint account to pay for the house. I dont get anything from my relationship with my wife and I feel there is no point putting off the inevitable. What are my next steps? What is a fair seperation I dont want to leave my kids without a house I can't afford to pay a new mortgage or rent and a mortgage for a house I am not living at.
A - 7-Aug-19 @ 11:34 PM
Hi. I have a 11 month old son with a woman and I’ve brought up her 7 year old son as my own, every week I’m accussed and subjected to abuse from this woman , I’ve stayed with her due to the kids and hopefully that she would get help, she will not accept any responsibility and I get the blame for everything , she stops me taking the elder lad to training and competitions where I am a coach and then stood me seeing the baby so I have to go nd l and make out everything is ok , I don’t know how I’m still sane it must be for the kids.If it was a film you would think it’s too far fetched.All I get is pain and I can’t seevot it getting any better , she has no empathy or realisation of how evil this is, I’m scared for the future and don’t know where to turn as there is no middle ground or even a conversation as it every thing that’s said is turned into something obsurd or unbelievable. I just can’t go back againI just want to bring my kids up properly. Can you advise
Che - 11-Jun-19 @ 10:55 PM
I knew our marriage was over but we stayed together and lived separate lives for years. I slept on sofa for nearly 2 years, and drinking cider till I was pissed. And chatting to men constantly on my I pad flirting aswell.I told my husband one night after he came home from pub 2 get the hell out my house and never come back.I was always shouting and throwing my TV remote at him or anything I could. I was horrible and told him what 2 do. So I controlled him really. My husband worked hard, good money he earnt and I really didn't need 2 work. I was quite lazy and did nothing all day. My son is 18yrs old now. We never got on and didn't have a bond. So his grand parent's brought him up really. I fill ill and was in hospital for weeks on end. I was on life support and nearly died. My hubby was amazing and did everything I needed and stayed with me in hospital. Looked after me well, I went home and got better. I needed physio so he took me there. But I got pissed 1 night and wouldn't let him back in the house told him 2 never come back and he didn't. I told my son the same the next day to do 1 and never come back too. They got a rented place living together now. Hubby pays for the mortgage, has done for the last year. I'm not paying Bill's so I've met a new man after a year and moving in with him far away. Hubby is trying to divorce me but not sure I can afford solicitor fees. I don't know what to do. I'm not working either still getting paid ESA benefits. My hubby wants the house and buy me out. What will I receive?? Please help. Thanks.
Sharon - 5-Jun-19 @ 6:14 AM
Hi, after 7 years marriage my husband left me and our 2 years old daughter, 2 months ago. We was having hardships in the past 6 months, he will drink and become aggressive more often. He’s excuse, stress at work and no time for himself when he is home with us. In September we separated for a week but he came back wanting to work things out. He promised to stop drinking. Our relationship was getting even better and we felt happy again. But not for long, on the Christmas holidays he started to drink excessively, every day for about a week. He changed to that disgusting arrogant man again. He made a massive drama and he left. He is a company director ( successful business)and I was working for him for over 3 years. I found out that he requested my P45 few days before he moved out. So Im left without job and no money to looking after our daughter. I was working from home 3 days a week and I’ll pay for our daughters nursery(£60 a day)out of my pocket plus food shopping, some bills, Petrol and days out and toys and clothes for our daughter. The pay wasn’t very much. I wasn’t living luxury life that’s for sure, I was giving it all for my daughter. My ex cancelled credit cards, changed passwords on the private pension, even shared online shopping accounts ect. He put the family house for sale without my permission, he cancelled the fixed mortgage that we just renewed, without my permission. He used copy of my ID documents without my permission so he can move the sale on the house forward. Our both names are on the house and on the mortgage. He pays the mortgage and the bills for now. Apparently He is putting me and our daughter on the street. He said the most important is the house to be sold, not what is going to happen with our daughter and I. Also he said he is very generous with me to offer half of the money left after the sale ( so I’m supposed to get 25K if I’m lucky ha) we both have contributed for the house perches, depose ect. I’m not UK citizen(im from EUcountry) and I don’t have any family to stay with here in UK. However my ex is British and he have family and friends here. He currently moved with his parents. Owns half of his parents house. All he says is “ yes I love my Daughter I want the best for her” but then he doesn’t ask about her at all. He doesn’t pay any child support and don’t seams to tempting to do so. I have to begging him to speak with her in the phone. He came once in 2 months to spend 1 hr in the park with her. Luckily she is used to being with me all the time so she doesn’t ask for him at all. But when she does I’m telling her daddy works very far away now but he will see her soon and she can call him anytime. However now I cancelled my daughters nursery, I can’t even look for a job as I’m full time mum and My ex is threatening me that if the house doesn’t go for sale he will stop paying bills, he will claim himself bankrupt, suesisive and depressed and I’ll not see a penny for him. Don’t have anyone to he
Mumneedhelp - 24-Feb-19 @ 11:30 PM
I have 2 daughters age 11 & 13 but I am not on there birth certificate to which there mother is using too her advantage and picking when I can see and speak to them. My eldest daughter (13) has made it c lear she wants to live with me and when she did for 2 weeks the mother took her out of school and now if she comes to me she will phone police for abduction. how undo I get on birth certificate or can I do a dna test to prove she's mine as so she can not take her from me/wheere she wants to be.
ste - 16-Jan-19 @ 9:37 PM
When my partner divorced, she denied me access to the kids. Even my family. She doesn't answer their calls and she likes to play around with my feelings but I don't want to get maniuplated by her again. I need to write a letter but what if she doesn't reply? I have no money for mediation. Anyone have any advice?
WorriedDad - 29-Aug-18 @ 11:05 PM
Dan - Your Question:
My ex and me have 3 year old twins I have only managed to get myself on the birth certificate which was a struggle. I want to have more time with my kids on my own currently she started (18th July) allow me to take them to a local park for 2 hours with a promise to increase this when it becomes more regular. I don’t agree with this and have expressed that I want to be able to pick my children up at an agreed date and then drop off either the day after or in the evening which doesn’t seem to compute with her can anyone offer any help I work full time, pay CSA, never been on the wrong side of the law and have never had to depend on alcohol or drugs. It seems that my ex is just a difficult person to deal with.

Our Response:
The link here , should tell you all you need to know about the process of applying for access where your ex will not agree.
SeparatedDads - 26-Jul-18 @ 1:56 PM
My ex and me have 3 year old twins I have only managed to get myself on the birth certificate which was a struggle. I want to have more time with my kids on my own currently she started (18th July) allow me to take them to a local park for 2 hours with a promise to increase this when it becomes more regular. I don’t agree with this and have expressed that I want to be able to pick my children up at an agreed date and then drop off either the day after or in the evening which doesn’t seem to compute with her can anyone offer any help I work full time, pay CSA, never been on the wrong side of the law and have never had to depend on alcohol or drugs. It seems that my ex is just a difficult person to deal with.
Dan - 25-Jul-18 @ 2:08 PM
Is this separation agreement the same as a Memorandum of Understanding in divorce re finances? Thanks
Don - 11-May-18 @ 3:08 PM
Darren - Your Question:
Looking for advice my ex left me in lots of dept when we separated and was not paying any of the bills when we was together. I now don't want to pay her the kids matenanc money as I don't think it is going on the kids. Can I open a bank account and pay it into this and if the kids need or want anything they can just ask me is this a good idear or not.

Our Response:
Your ex would have to agree to this arrangement as a family-based child maintenance arrangement in order for this to be considered workable. If she doesn't agree, then her option would be to apply to CMS, who will assess your earnings and specify what you should pay directly to her. CMS will not allow you to undertake the arrangement you suggest.
SeparatedDads - 14-Nov-17 @ 2:48 PM
Looking for advice my ex left me in lots of dept when we separated and was not paying any of the bills when we was together. I now don't want to pay her the kids matenanc money as I don't think it is going on the kids. Can I open a bank account and pay it into this and if the kids need or want anything they can just ask me is this a good idear or not.
Darren - 13-Nov-17 @ 11:46 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
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
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
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
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