Sample Separation Agreement

What is a separation agreement?

A separation agreement is a written record of what you and your ex-partner have decided about practical matters when you split up. It covers arrangements for your children, how you will divide finances, and the disposition of jointly owned property or assets.

These agreements are not automatically legally enforceable in the same way as a court order. However, they can become legally binding if entered into as a consent order through the courts. Even without this step, courts will often take separation agreements into account if disputes arise later, particularly if both parties had legal advice and the terms were fair at the time of signing.

If you cannot agree on everything, writing down what you have agreed still helps. It gives any solicitor you hire later a starting point, which may reduce your legal costs by narrowing down what still needs sorting out. That said, a written agreement cannot replace the formal legal processes required to finalise matters properly.

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Sample separation agreement template

Below is a basic template you can adapt. You may want to add sections or remove ones that do not apply to your situation. There is no single correct format, but this gives you a structure to work from.

Separation agreement between:
[Your full name] (Date of birth: [DD/MM/YYYY])
and
[Other parent's full name] (Date of birth: [DD/MM/YYYY])

General terms

• We agree to live separately.
• We agree not to interfere with or harass each other.
• We will cooperate on matters relating to our children and respond to reasonable requests in good time.
• We will share current contact details including phone number, email and home address, and update each other if these change.

Children

• The children will live mainly with [parent's name] at [address].
• The children will spend time with [other parent's name] according to the following arrangement: [set out days, times, collection and return arrangements].
• We agree to allow reasonable one-off changes to this schedule when it benefits the children, with advance notice where possible.
• We will consult each other on significant decisions about the children's education, health and welfare.
• We will keep each other informed about the children's wellbeing, school events and medical appointments.

Finances

• [Parent's name] will pay [amount] per [week/month] towards the children's living costs.
• We will review this arrangement if either of our circumstances change significantly.
• We have agreed how to divide savings, debts and other assets as set out in an attached schedule [if applicable].

Property

• The family home at [address] will be [sold / retained by one party / other arrangement].
• Any proceeds or equity will be divided as follows: [delineate division].

Signed

[Your name] Date: [DD/MM/YYYY]

[Other parent's name] Date: [DD/MM/YYYY]

Witnessed by: [Witness name and signature] Date: [DD/MM/YYYY]

A witness should be over 18 and independent of both parties. They should not be a family member or someone with a financial interest in the agreement.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Things to consider

Child maintenance figures can be calculated using the Child Maintenance Service calculator on GOV.UK. This gives you a baseline for what the paying parent would typically contribute. You can agree a different amount privately if you both prefer, though any figure below the calculated amount should be carefully considered with legal advice, as this could affect the children's welfare.

If your agreement covers property or significant assets, getting legal advice before signing is sensible. A solicitor can help arrange for the agreement to be made into a consent order through the court. This requires both parties to agree and sign the consent order, after which a judge must approve it by confirming that it is fair. Only then does it become legally enforceable.

For child arrangements specifically, you might find family mediation helpful if you are struggling to agree. Before applying to court for a child arrangements order, you must attend a Mediation Information and Assessment Meeting (MIAM), unless there are safeguarding concerns such as domestic abuse. Many mediators are accredited through the Family Mediation Council.

Keep the language in your agreement clear and specific. Vague phrases like "reasonable contact" can cause problems later if you disagree about what that means. Setting out actual days and times, even if you build in flexibility, tends to work better.

Next steps

Once you have both signed the agreement, keep copies somewhere safe. You may want to send a copy to your solicitor if you have one.

If circumstances change, such as one of you moving, a change in income, or the children getting older, you can revisit the agreement and update it. What works for a toddler will not suit a teenager.

This template is a starting point, not a finished legal document. For tailored solutions, particularly where your situation involves complexity around finances, property or safety concerns, professional advice from a family solicitor is worth the cost.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Father's Rights Checker lets you check what legal rights you have as a separated father. Takes 2 minutes. Try it now →