You can record any agreement that you reach about children, money and property in a formal document. This is sensible because you can draw it up in a way that makes it enforceable if your partner does not keep to what they promised. You will need the help of a Solicitor to do this. The document is called a 'Deed of Separation'.

A Deed of Separation can cover all the financial arrangements between you and your partner. It can also deal with what you have agreed about the children and any plans that you may have to divorce, or not divorce, in the future.

A Deed of Separation is not binding on a divorce Court. If you later divorce, you may need to make your agreement binding by a financial Order made as part of the divorce.

You and your partner should each have separate legal advice before you sign such a legal agreement. You should have told each other all there is to know about your own financial positions.

If you divorce after making a Deed of Separation, you can agree to keep to the terms of the financial settlement in the Deed.

If one or both of you want the Court to make other financial Orders, the Court has the power to do this, even if you have a Deed. However, if you were each given proper advice by Solicitors when the Deed was drawn up, and you were both honest about your financial position, the Courts will be reluctant to change the original arrangements. They may only be able to do this if circumstances have changed in a way that makes the terms of the Deed unfair.

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