Legal Separation Solicitors in Chichester, Alton and Portsmouth
If you decide that you do not wish to divorce straightaway, but you feel the relationship has ended, then you may wish to consider your options about living apart and the financial implications this may have.
We understand that not all married couples wish to divorce immediately, and many may decide to live apart before taking that step to divorce. We can discuss your options of divorce and separation for you to decide what would suit you and your spouse best.
If you decide that you do not wish to divorce straightaway, or that financially it would be better to wait, then it may be advisable to enter into a separation agreement rather than living apart informally.
A separation agreement is a written agreement between the couple at the end of the relationship. It can cover anything that is relevant to the separation and can be tailored to you. A separation agreement would typically include you each wish to sort out property, finances and (if relevant) what arrangements you wish to make for your children.
For many couples experiencing a breakdown in a relationship, it can give peace of mind that there is a written record of what has been agreed.
What is legal separation?
Legal separation usually means you and your spouse (or civil partner) have decided to live apart, but you are not applying for a divorce yet. You can still agree how finances, property, and childcare will work during separation — and put those agreements in writing to reduce uncertainty and conflict.
Legal separation vs divorce: what’s the difference?
Divorce legally ends a marriage; separation does not. Many people choose separation where they need time, where religious or personal reasons make divorce difficult, or where they want to stabilise arrangements before taking the next step.
If you’re also considering divorce, our team can advise on the process and next steps here: divorce.
Do I need a separation agreement?
A separation agreement (sometimes called a “deed of separation”) is a written record of what you’ve agreed while living apart. It can cover finances, property, and practical arrangements — and it can be particularly helpful where you want clarity without immediately starting divorce proceedings.
We’ll explain what it can and can’t do, what information you’ll need to disclose, and how to make it as robust as possible.
What can a separation agreement cover?
Depending on your circumstances, it may include:
- Who lives in the family home and who pays the mortgage/rent
- How bills and living costs are shared
- What happens to joint accounts, savings, and debts
- Interim arrangements for maintenance
- How you’ll handle assets acquired during separation
- Arrangements for children (where they live, school runs, holidays)
If children are involved, you may also find this helpful: children matters.
Sorting finances during separation
Even if you are not divorcing yet, it’s important to understand your financial position and options. We can advise on what a fair interim arrangement could look like and what you should document now to avoid disputes later.
If your situation involves complex finances or you’re already moving toward formal financial proceedings, we can also advise on wider financial issues here: financial matters.
Resolving issues without court
Where possible, we’ll help you reach agreement without escalating conflict. This may include solicitor-led negotiation and (where appropriate) mediation.
When legal separation is especially relevant
Legal separation can be useful if:
- You want to live apart but aren’t ready to divorce
- You need interim financial arrangements
- You want to reduce uncertainty while you decide next steps
- You want to protect children from ongoing conflict
- You need a clear written record of what’s been agreed
Domestic abuse and urgent safety concerns
If you are experiencing domestic abuse or feel unsafe, urgent legal protections may be available. We can advise sensitively and quickly.
See: domestic abuse & violence.
FAQs about legal separation
Is a separation agreement legally binding?
A separation agreement can carry significant weight, but whether it is enforceable depends on how it’s drafted and whether it is fair, informed, and properly documented. We’ll explain what’s realistic in your situation and what steps strengthen it.
Can I get legally separated without going to court?
In many cases, yes — couples agree terms through negotiation (sometimes supported by mediation) and record them in a separation agreement.
Does legal separation affect finances?
It can. Separation is often the point where couples start living financially independently, but legal rights and obligations can still apply. Getting advice early helps you avoid accidental disadvantage.
What if we reconcile later?
If you reconcile, you can revisit and update any agreement. If you later divorce, we can advise how separation arrangements may feed into next steps.
Speak to a legal separation solicitor
We offer a free initial consultation to help you understand your options and the likely next steps. Book online via book consultation or contact us here:contact.
How much will assistance with legal separation cost?
If you’re seeking assistance with regard to legal separation, please do not hesitate to contact us. We offer a free initial telephone consultation with no obligation. During this initial meeting, we will familiarise ourselves with your case, provide signposting if necessary and discuss the services we are able to provide you and fees, so that you have a full understanding of what your costs will likely be from the outset.
Please note that our free initial telephone appointment is a consultation service where we signpost our services for you. If advice is required, this will be chargeable at the rates discussed at your initial consultation. This firm is not able to offer assistance with legal aid.
Click here to arrange your free initial consultation or call our Alton office on 01420 544 273 or our Chichester office on 01243 850 860.
