Free Separation Agreement Template

SEPARATION AGREEMENT

Deed Of Separation  ·  England And Wales

This Separation Agreement (this "Agreement") is executed as a deed on 1 April 2026 between Jonathan Miles Harding of 14 Elm Road, Manchester M2 1AB ("Party A") and Sophie Claire Harding of 29 Birch Lane, Salford M6 5TH ("Party B"). The parties are a married couple who entered into their marriage on 14 June 2015 and who separated on 1 October 2025 with the present intention of living apart permanently. This Agreement records the parties' financial and practical arrangements on and after separation and is made with reference to the Matrimonial Causes Act 1973 and the principles in Edgar v Edgar [1980] 1 WLR 1410 and Radmacher v Granatino [2010] UKSC 42.

The parties acknowledge that they have permanently separated with effect from 1 October 2025 and each shall be free to live separately and independently of the other. The parties intend this Agreement to be legally binding and, subject to the court's overriding discretion under section 25 of the Matrimonial Causes Act 1973 (or the corresponding provisions of the Civil Partnership Act 2004), to be upheld as a decisive factor on any subsequent application for financial relief in accordance with Edgar v Edgar and Radmacher v Granatino.

Each party confirms that they enter into this Agreement freely, with a full appreciation of its implications, and that no duress, undue influence, misrepresentation or material non-disclosure has occurred.

The parties confirm that each has provided full and frank financial disclosure to the other (including income, capital, pensions and liabilities) in accordance with Livesey (formerly Jenkins) v Jenkins [1985] AC 424, and that each understands the other's financial position. Supporting Forms E (or equivalent schedules of assets and liabilities) have been exchanged.

The parties agree that the former matrimonial home at 14 Elm Road, Manchester M2 1AB shall be placed on the open market and sold as soon as reasonably practicable. The net sale proceeds (after redemption of any mortgage and deduction of estate-agency fees, conveyancing costs and other reasonable disposal costs) shall be divided 50% to Party A and 50% to Party B.

Mortgage: The existing mortgage on the property shall be redeemed from the sale proceeds (or refinance) on or before completion.

Savings and investments: Joint savings, current accounts and investments shall be divided equally (50/50) between the parties as at the date of this Agreement.

Debts and liabilities: Each party shall be solely responsible for the debts and liabilities registered in their own name and shall indemnify the other against any claim by a creditor in respect of such debt.

Chattels: The parties confirm that chattels have already been divided to their mutual satisfaction and neither party has any further claim against the other in respect of household contents.

The parties have the following children of the family: Oliver James Harding (born 12 March 2018), Ella Rose Harding (born 2 November 2020).

Living arrangements: The child(ren) shall live with Party B (Sophie Harding), with Party A having generous spending-time arrangements. Spending-time arrangements: Alternate weekends Friday after school to Monday morning; one mid-week overnight each fortnight; half of all school holidays; alternate Christmas and birthdays.

The parties acknowledge that all arrangements for the child(ren) shall be determined in accordance with the welfare principle and checklist in section 1 of the Children Act 1989, that parental responsibility will continue to be exercised jointly, and that nothing in this Agreement shall fetter the jurisdiction of the Family Court to make a child arrangements order or other order under section 8 of the Children Act 1989 if the welfare of the child(ren) so requires.

Child maintenance: The parties agree family-based child maintenance of £800 per month, payable by the non-resident parent. Either party may apply to the Child Maintenance Service (CMS) at any time after 12 months under the Child Maintenance and Other Payments Act 2008, and the agreed rate shall then be replaced by the statutory assessment.

School fees and extras: School fees for both children shall be shared 60% Party A / 40% Party B, paid directly to the school termly. (capable of order under Schedule 1 to the Children Act 1989).

The parties agree a full spousal clean break: neither party shall pay or receive periodical payments and each irrevocably dismisses all claims for spousal maintenance under sections 23 and 31 of the Matrimonial Causes Act 1973 (or the equivalent provisions of Schedule 5 to the Civil Partnership Act 2004).

A pension sharing order shall be made in respect of the pension held with Teachers' Pension Scheme, with 35% of the cash equivalent transfer value (CETV) to be transferred to the other party, in accordance with sections 24B-24D of the Matrimonial Causes Act 1973 and the Welfare Reform and Pensions Act 1999. The parties shall co-operate in obtaining a CETV within the periods required by the Pensions on Divorce etc. (Provision of Information) Regulations 2000 and shall give effect to the order only on decree absolute / final order.

Upon implementation of the terms of this Agreement, the parties intend to achieve a full capital and income clean break under sections 25A and 23(1)(a) and (b) of the Matrimonial Causes Act 1973. All claims for periodical payments, secured provision, lump sum and property adjustment are dismissed on a clean-break basis.

Each party releases and forever discharges any claim they may have against the estate of the other under the Inheritance (Provision for Family and Dependants) Act 1975, to the extent permitted by section 15 of that Act on the making of a financial order on divorce or dissolution. The parties acknowledge that, as between them, this release is intended to be effective on the grant of decree absolute / final order.

This Agreement is intended to form the basis of a financial consent order to be sealed by the Family Court under section 33A of the Matrimonial Causes Act 1973 and rule 9.26 of the Family Procedure Rules 2010, together with a statement of information in Form D81. The parties acknowledge that they are not legally entitled to final orders for capital, property and pension relief until decree absolute / final order is pronounced, and that the court has an independent duty to consider the overall fairness of the order.

Each party confirms that they have received independent legal advice on the nature, effect and consequences of this Agreement from separate solicitors prior to execution. Party A was advised by Thompson and Co Family Law LLP, Manchester. Party B was advised by Harrington Family Solicitors, Salford. Each party has had full opportunity to consider the terms and enters into this Agreement freely and without duress or undue influence, satisfying the Radmacher safeguards.

The parties acknowledge the Family Procedure (Amendment No. 2) Rules 2023 (SI 2023/1324), which (with effect from 29 April 2024) amended FPR Part 3 and Practice Direction 3A. Any application arising out of this Agreement and brought in the Family Court — including (without limitation) an application for a financial consent order under section 33A MCA 1973, a Schedule 1 Children Act 1989 application, a Family Law Act 1996 application or an Inheritance (Provision for Family and Dependants) Act 1975 application — is subject to the broadened definition of "non-court dispute resolution" (NCDR): mediation, arbitration, evaluation by a neutral third party and collaborative law.

(a) Form FM5. Where Family Court proceedings are issued, both parties must (no later than 7 days before the first hearing) file and serve a Form FM5 setting out their views on using NCDR.

(b) Court power to adjourn for NCDR. The court may, of its own motion under FPR r.3.4(1A), adjourn proceedings to encourage NCDR. The parties acknowledge that adverse cost consequences may follow under FPR r.28.3 where a party fails, without good reason, to engage with NCDR (Re X (Financial Remedy: Non-Court Dispute Resolution) [2024] EWFC 114).

(c) Narrowed MIAM exemptions. The previous-MIAM-attendance and previous-NCDR-attendance exemptions in FPR PD 3A now have a 4-month time limit. The "any other circumstances" exemption has been removed.

The parties shall first attempt NCDR before issuing any Family Court application arising out of this Agreement, save where a MIAM exemption under FPR PD 3A para 19 (including domestic-abuse evidence under reg 3 of the Family Procedure (Amendment) Rules 2016) applies.

The parties acknowledge the Domestic Abuse Act 2021 ("DAA 2021") and in particular:

(a) Statutory definition (s.1 DAA 2021). Domestic abuse includes physical, sexual, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, and psychological, emotional or other abuse, where both parties are aged 16 or over and personally connected.

(b) Coercive and controlling behaviour (s.76 Serious Crime Act 2015, as amended by DAA 2021). A criminal offence punishable by up to 5 years' imprisonment; the offence has been extended to former partners post-separation (s.68 DAA 2021).

(c) MIAM exemption (FPR PD 3A para 19). Either party may be exempted from the MIAM requirement on the basis of domestic-abuse evidence (police caution / conviction, protective injunction, DAPN / DAPO, multi-agency risk-assessment conference referral, refuge attendance, GP / social-worker letter — full list in para 20).

(d) Domestic Abuse Protection Notices/Orders (DAPNs/DAPOs). Sections 27-49 DAA 2021 introduce DAPNs (police-issued, 48-hour notice) and DAPOs (court-issued, indefinite duration with annual review) replacing non-molestation and occupation orders in phased rollout. Breach is a criminal offence.

(e) No coercion warranty. Each party warrants that this Agreement is freely entered into without coercion, threats, or undue pressure from the other party or any third party (Radmacher safeguard 1). Either party reserves the right at any time to seek protective relief under the Family Law Act 1996 Part IV (non-molestation / occupation orders) or under the DAA 2021, irrespective of the terms of this Agreement.

Without prejudice to any release of Inheritance Act 1975 claims given elsewhere in this Agreement, the parties acknowledge the Supreme Court's decision in Hirachand v Hirachand [2024] UKSC 43 (Lord Briggs and Lord Stephens, 18 December 2024). The Supreme Court held that any success-fee uplift payable by a 1975 Act claimant under a Conditional Fee Agreement (CFA) is not recoverable as part of "reasonable financial provision" under the Inheritance (Provision for Family and Dependants) Act 1975.

Accordingly, where either party brings or threatens to bring an application under section 1(1) IPFDA 1975 in respect of the other's estate (notwithstanding any release given on a final order), that application shall proceed on the footing that any CFA success fee remains a private liability of the applicant and shall not form part of any award or compromise sum borne by the estate. The personal representatives of either party are expressly authorised to resist any application or settlement proposal that purports to include CFA success-fee uplifts within "reasonable financial provision".

The standard six-month time limit under section 4 IPFDA 1975 from the date of grant continues to apply. Nothing in this clause displaces any release of IPFDA 1975 claims agreed elsewhere in this Agreement or in any subsequent consent order under s.15 IPFDA 1975.

Governing law: This Agreement and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

Entire agreement: This Agreement constitutes the entire agreement between the parties in respect of the separation and supersedes any prior discussions, agreements or understandings.

Variation: No variation of this Agreement shall be effective unless made in writing and signed by both parties (or executed as a deed in accordance with section 1 of the Law of Property (Miscellaneous Provisions) Act 1989).

Severability: If any provision is held unenforceable, the remaining provisions shall continue in full force and effect.

Third-party rights: A person who is not a party has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.

Tax: The parties acknowledge the continued availability of the spouse/civil-partner inter-vivos exemption from inheritance tax under section 18 of the Inheritance Tax Act 1984 until decree absolute / final dissolution order.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.