A Separation Agreement outlines how spouses divide assets and responsibilities as they end their relationship. Often called a deed of separation, this legally binding document outlines property division, spousal maintenance, and childcare arrangements. Use our template to record these terms between you and your spouse. 

Some spouses split up temporarily and eventually reconcile, while others do so indefinitely. In many cases, spouses separate as a step toward divorce and submit a Separation Agreement to the family court to prove their separation.

Separation Agreements are also known as:

• Marriage separation agreement
• Separation form
• Legal separation

A separation agreement allows you to settle similar matters as you would in a divorce, like property division and child custody arrangement. However, the marriage does not officially end. When separated, couples live apart and pursue separate lives. It’s often a step toward divorce, but spouses can also choose to reconcile, using the separation to work out any issues in their relationship.

Different forms of separation exist, each with varying degrees of time, cost, court involvement, and legal finality.

1. Informal separation

An informal separation is a verbal agreement between you and your spouse. It’s not a legally binding separation and probably can’t be enforced should either party break the agreement. 

2. Formal separation

A formal separation means you and your partner create and sign a Separation Agreement. The contract is legally binding as long as you both signed it in the presence of two witnesses and a lawyer.

Creating a Separation Agreement outside of court is also known as a do-it-yourself separation. As long as you and your spouse can agree on the key issues of your separation, you don’t have to involve the courts. 
 
If either party breaks the agreement, it will most likely be upheld in court as long as it is reasonable. You can also choose to apply for your agreement to be made into a rule of court, which lets it be legally enforced more easily.

If the separation can’t be solved amicably, you can negotiate through solicitors, try collaborative practice, or attempt mediation. In Ireland, the Legal Aid Board provides a free Family Mediation Service to help couples negotiate their Separation Agreement.

3. Judicial separation

If you and your spouse can’t agree on separation terms, you can apply for a decree of judicial separation in the Circuit Court or High Court. This decree outlines the terms of separation, such as property division and child custody. 

In order to get a judicial separation, you have to prove that your marriage has irretrievably broken down. The Family Court can give decrees based on any of the following grounds:

1. Either spouse has committed adultery.
2. Either spouse has behaved in a way that makes it unreasonable to expect you to continue living together.
3. At the time of the application, one spouse has deserted (left) the other for at least one year.
4. At the time of application, you have lived apart for at least one year.
5. The court finds that a normal marital relationship has not existed between you for at least one year before the date of the application.

Separation lets couples live separately without ending the marriage. While separated, you can’t remarry, but you retain the benefits of the marriage, such as health insurance and tax benefits.

On the other hand, a divorce legally ends the marriage. Once divorced, spouses can get remarried if they wish to do so. Divorcing also ends any benefits of the marriage, like health insurance and tax benefits.

In Ireland, you and your spouse must have separated for two out of the previous three years to divorce.

Spouses should use a Separation Agreement when they agree on the key issues of their separation. If you and your spouse disagree, have intense animosity towards one another, and can’t work together, attempt mediation or apply for a judicial separation.

Use LawDepot’s template for separations involving simple and straightforward assets. Our easy-to-use questionnaire guides you through creating a custom Separation Agreement.

Anyone can separate from their partner when the relationship has broken down. If you are in a legally recognized relationship, you can use a Separation Agreement to formalise the separation. This includes people who are:

• Legally married
• Civil partners

Usually, if you didn’t sign papers to register or enter the relationship, you won’t need to complete any documents when ending it.

Separation for cohabitating couples

Couples in a cohabitating relationship don’t automatically have the same rights as a married couple. Cohabitating couples can address what will happen upon separation by making a Cohabitation Agreement before or while living together.

If you were in a cohabitation relationship and did not create a Cohabitation Agreement, and if you have been in a committed relationship for at least five years, or two years if you have children, you can apply for redress from the court to potentially receive these rights.

Yes, you and your spouse can separate while living together. This arrangement is known as in-house separation or separation under one roof. 

If you want to separate while living together, you must disengage from the relationship. In your daily life, this can look like:

• Changing sleeping arrangements (i.e., moving rooms, sleeping separately)
• Reducing shared activities or family outings (i.e., fewer family vacations, not attending social events together)
• Performing household duties separately (i.e., having separate meals, doing your own chores)
• Dividing finances (i.e., creating separate bank accounts, paying your own bills)

When involved in an in-house separation, creating a proper Separation Agreement is especially important. If you and your spouse are going to apply for a court order or end up divorcing, the Family Court will ask for proof that you were legitimately separated while living together. Your Separation Agreement can help provide this. 

A Separation Agreement touches most facets of your relationship. The document contents will vary depending on your relationship. For example, having kids, owning property, and sharing finances can influence the contents.

Child custody, access, and visitation

When separating, you and your partner must consider the well-being of your child or children. Many couples choose to co-parent, splitting the responsibilities equally or semi-equally. However, every family is different. Make the decisions that suit your children and your relationship with your spouse.

You can negotiate your parenting arrangements and finalise them with a Separation Agreement. When creating your parenting plan, you and your partner should discuss:

• How you’ll split custody for everyday and holidays
• Who will have decision-making authority for the children
• How the children will spend time with relatives or other significant people in their life
• How you will divide responsibilities for school and extra-curricular activities

Separation can be a tumultuous time for your child, and your main goal should be to create a safe and stable environment. As you make these decisions, consider listening to any opinions or concerns your child or children might have. If you can’t agree on the parenting arrangements, you can seek family mediation or apply for custody.

Spousal maintenance

Spousal maintenance is a form of financial support paid from one spouse to the other after a separation or divorce. Also known as spousal support or alimony, it applies when one spouse requires financial assistance after separation or divorce to maintain a standard of living or achieve financial independence.

Maintenance payments depend on factors like income disparity, length of the marriage, and each spouse's financial needs and contributions. You and your spouse can decide on the need for spousal maintenance in a Separation Agreement, seek family mediation to reach an agreement, or, if you can’t agree, apply for a maintenance order from the courts.

Child maintenance

Child maintenance is a payment arrangement between divorced or separated parents to help with the cost of raising children. Both parents are financially responsible for their children, but the parent with day-to-day care will receive financial support from the other.

When making decisions about child support, you should think about:

• Which parent will have the main financial responsibilities for your children
• What expenses should be covered
• Which parent will provide the children with health insurance
• Whether the children will be covered past the age of 23 when in full-time college or university

You and your partner can choose to manage child support on your own by addressing it in your Separation Agreement. Alternatively, you can seek family mediation or apply for a maintenance order from the courts.

Division of debts, assets, and property

Property settlement is an important part of the separation. When you create your Separation Agreement, you and your partner decide what happens to your personal belongings, assets, and debts after the separation.

Things that must be divided between you and your partner include:

• Real estate (i.e., vacation homes, rental properties, land, etc.)
• Household items and personal belongings (i.e., motor vehicles, furniture, electronics, jewellery, etc.)
• Financial assets (i.e., bank accounts, pensions, stocks and bonds, trusts, etc.)
• Business assets (i.e., sole proprietorship, shares in partnerships, etc.)
• Debts (i.e., mortgage, student loans, car loans, etc.)

How you divide your assets depends on your circumstances. In many cases, separating partners retain their separately owned property and divide their jointly owned property. However, married couples and cohabiting couples have different rights, especially when it comes to the matrimonial home. Cohabitating couples should create a Cohabitation Agreement when starting a relationship, as their property rights will vary depending on the length of the relationship.

To get started on dividing your assets, you can follow these steps:

1. Create a list of all your assets. Consider your vehicles, personal items, and any real estate that isn’t your matrimonial home.
2. Appraise the value of your assets. For more significant assets like real estate, you can do this yourself or seek an expert opinion.
3. Decide the division of property. Determine whether certain assets have a logical owner. You may want to consider exchanging larger items for several smaller items and vice versa.

If you can’t agree on a fair property division, you can attempt mediation or get a property adjustment order as part of a judicial separation. Once the court has evaluated the assets, it will create an order that divides them in a way that provides for both of you. What you receive in the separation will depend on your and your partner’s circumstances.

Separation is a complex legal issue, and family law is hard to navigate. While you can write your own Separation Agreement, it is recommended that you and your spouse each sign it in front of a lawyer. You can also choose to sign in front of a witness.

You can use LawDepot’s template to create your custom Separation Agreement. Our documents are tailored to comply with Irish family law.

To create your custom Separation Agreement, use LawDepot’s handy questionnaire-based template. Simply answer a few questions, and you can download your document in as little as five to ten minutes.

1. Personal details

Start by adding some basic personal details. Mention if you have any dependent children. Add the names and addresses of yourself and your partner, and describe when and where your marriage started.

2. Children and child maintenance

Next, if you have children with your partner, add personal details for the child or children, such as their names and dates of birth. 

Divide the child custody rights and outline the schedule for access. Decide which party will pay child maintenance, and set an amount and schedule.

3. Spousal maintenance

If either party will receive spousal maintenance, name the receiving party. Describe how often payments will be made, how much they will be, and when they will end.

4. Family home

The family home is the residence you share with your spouse. If you or your spouse own the property, include the address and what you plan to do with it. You can choose to transfer ownership to one party, or you can sell it and split the sales proceeds.

5. Finances

Continue by detailing both parties’ income and dividing your assets. You can mention if you or your partner are keeping any specific items. Also, specify if you are selling any items and splitting the proceeds. 

If necessary, you can also specify who will be responsible for any debts.

6. Additional details

Finally, include any additional details that might be important, such as pet ownership or who will pay for any government registration fees.

You and your spouse both have certain rights when you separate. Because Ireland has no-fault separation, it doesn’t matter which party is responsible for the separation taking place. Whether you create your own Separation Agreement or apply to the court for a judicial separation, these are basic entitlements afforded to you. 

1. You have the right to stay in your home. If neither party wants to leave the matrimonial home, you can separate under one roof.
2. You have the right to leave the home without losing it as an asset. Even if you don’t own the property, the determining factor of who gets to stay in the matrimonial home often comes down to the needs of each party. 
3. You have the right to a fair share of the shared property. This doesn’t mean you split your assets equally. Instead, both parties receive a share according to their needs.
4. You have the right to see your children again. Unless the family court makes an order that states otherwise, you’ll be a part of your children’s lives.

Note that entitlements are different for cohabitating couples. For example, you might not have a right to the shared home as an asset if the property isn’t under your name. If the relationship has lasted at least five years (or two years and you have children together), you can apply for a redress scheme to receive court orders for property division.

Technically, you can divorce in Ireland without a Separation Agreement. However, most couples must have been separated for two out of the previous three years before filing for divorce. This requirement proves that the marriage has irretrievably broken down.

When you apply for a divorce order, the court will ask if you and your ex-partner have separated for the required time. A Separation Agreement helps prove and confirm the length of your separation if anyone disputes the separation date.

Yes, a Separation Agreement is a legally binding contract. Both you and your spouse are bound by its terms. However, you must ensure that the document is executed properly. 

First, you and your spouse should both consider getting independent legal advice to make sure you fully understand what you’re signing. Once you’ve signed the agreement in the presence of each of your and your spouse's lawyers, or a witness, the document is legally binding.

You also need to make sure that your agreement is fair to both parties. In the event of a legal dispute, the courts may not enforce the agreement if:

• The terms of the agreement are not in the best interest of your children
• You or your partner don’t disclose all your assets or liabilities before making the document
• The agreement is unfair (e.g., one of you waives your right to support without compensation)

Couples can terminate their Separation Agreement by applying to the court to have the deed of separation cancelled.

A Separation Agreement doesn’t have to be filed to be legally binding. In fact, you can save time and money by negotiating and creating your own agreement outside of court. As long as you and your spouse are able to collaborate towards a fair solution that works for you both, you don’t have to involve the courts at all.

Later, you can choose to apply for the court to make your Separation Agreement into a rule of court. This will make enforcing your agreement easier should your partner not follow the agreed-upon terms. 

If you and your spouse can’t amicably reach an agreement, even after mediation or counselling, you might have to involve the courts to get a decree of judicial separation. As part of this decree, the court can also make orders for property division, spousal maintenance, and child support.

If your spouse breaks the Separation Agreement after signing it, you may enforce the terms like one would with any other contract. This can include legal actions, like seeking monetary damages in court. You will have to prove that the other party breached the agreement, and it can be a good idea to seek legal help from a lawyer.

For judicial separations or court orders, the wronged spouse can seek enforcement through the court or sue the other for being in contempt of a court ruling.