Can You Write Your Own Separation Agreement?

If you’ve decided to separate but aren’t ready for divorce, you may be wondering if you can write your own separation agreement to sort out finances, property, and child arrangements without involving lawyers.

Before you take any action, ensure you read our guide to separation agreements, as it covers everything you need to know.

What Is a Separation Agreement?

A separation agreement (also called a deed of separation) is a written contract between two partners who have chosen to separate but are not yet divorcing. It outlines who gets what, how financial responsibilities are handled, and arrangements for children.

The main purposes of a separation agreement are to:

• Set out clear responsibilities and arrangements for both parties.
• Reduce the risk of future disputes over finances, property, or children.
• Provide written evidence that may be relied upon in court if needed.

Is a DIY Separation Agreement Legally Binding?

A separation agreement is not automatically legally binding in England and Wales, regardless of how it is drafted.

However, courts may uphold one if it meets certain legal standards. In C v C [2023], the court upheld an agreement made 22 years earlier because it was clear, reasonable, and properly documented — despite not being legally enforced at the time.

To improve the likelihood of your agreement being upheld, it should meet the criteria established by case law:

1. It is fair and reasonable to both parties.
2. Both parties had the opportunity to take independent legal advice.
3. There was full and honest financial disclosure.

Having a solicitor review your agreement helps ensure these standards are met and significantly reduces the risk of future disputes.

A poorly drafted DIY agreement is more vulnerable to being challenged, particularly if one party later claims it was unfair or incomplete.

How to Write a Separation Agreement Yourself

If you decide to draft your own separation agreement, it’s important to cover the key areas clearly and thoroughly. A well-structured agreement should include:

• Personal Details – Full names and current addresses of both parties.
• Living Arrangements – Who will remain in the home, or whether the property will be sold.
• Division of Assets – How savings, property, pensions, and debts will be divided.
• Financial Responsibilities – Who will pay for ongoing bills, the mortgage or rent, and any outstanding loans.
• Child Arrangements – Agreements for custody, contact schedules, and child maintenance.
• Spousal Maintenance – Whether either party will provide financial support to the other, and on what terms.
• Future Changes – A clause setting out how changes in circumstances will be handled.
• Signatures and Date – Both parties must sign and date the agreement for it to be valid.

While free separation agreement templates can help you get started, we strongly advise against relying on generic versions. Templates can be useful as a starting point to give to your solicitor before being professionally drafted.

Every couple’s circumstances are different, and missing a key clause could cause problems later, especially if you plan to use the agreement in court.

Pros and Cons of Writing a Separation Agreement Yourself

Advantages

• Cost-effective: Avoid paying solicitor fees by drafting it yourself.
• Faster process: No delays from formal legal proceedings.
• Greater control: You and your ex-partner decide the terms directly.

Disadvantages

• Not automatically legally binding: It may not be upheld in court unless it meets legal standards.
• Risk of unfairness: If one party receives legal advice and the other does not, the agreement could be challenged later.
• Omissions or errors: Important clauses may be missed without professional input.

When Should You Get a Lawyer to Draft or Review Your Agreement?

There are certain situations where professional legal advice is strongly recommended. You should consider using a solicitor if:

1. You own property together, have joint debts, or your finances are complex.
2. One partner earns significantly more, and spousal maintenance may be required.
3. There are disagreements or complications around child arrangements.
4. You want legal certainty and a greater chance of the agreement being upheld in court.

The best approach for many couples is a hybrid one: draft the agreement yourselves, then ask a solicitor to review and finalise it. This ensures the terms are fair, legally sound, and reflect both parties’ intentions.

We offer a fixed-fee service for £799, where our solicitors will professionally draft a deed of separation agreement to your specific needs and provide independent legal advice to you.

Can a DIY Separation Agreement Be Used in Divorce Later?

A well-written separation agreement can be used as the basis for a financial consent order if you later divorce.

While it’s not automatically binding, the court will usually give significant weight to it, especially if both parties entered into it freely, with full financial disclosure and legal advice.

This was made clear in T v T [2013] EWHC B3 (Fam), where the court upheld a long-standing separation agreement made many years prior.

The case highlights how entering into a clear and fair agreement at the time of separation can help protect against future financial claims, even after divorce.

In practice, the agreement must reflect the current financial situation and be considered fair at the time of divorce. Legal advice is strongly recommended if you intend to rely on your agreement later.