A married couple who separate sometimes agree to get divorced but not  straight away. This may be for a variety of reasons, but often it is because they have agreed to divorce on the basis of two years’ separation with consent. In this situation it is nearly always best for the couple to enter into a separation agreement, also known as a deed of separation.

The agreement usually contains a provision that if, after two years’ separation, either party petitions for divorce on the basis of two years’ separation with consent, the other party will give their consent. In other words, the couple are not committing themselves to getting divorced at any particular point in time, or at all – merely that if either of them takes the initiative and starts divorce proceedings, the other will give their consent.

A separation agreement deals with financial matters. Full disclosure is essential before negotiations begin on what the financial arrangements are going to be – it is illogical and unsafe to discuss the size of the slices before knowing the exact size of the cake. The financial arrangements set out in the final agreement are binding, provided that they are fair, that there has been full disclosure and that each party had, or at least had the opportunity to have, independent legal advice.

A separation agreement sometimes also deals with the arrangements for any minor children, particularly if there issues over the arrangements for contact.