DIY Separation Agreement

Advantages of Separation Agreements

• They can be made very quickly if the parties have agreement on the issues that concern them
• They can be more flexible in their content than court orders
• They can have review clauses installed in the event of certain happenings
• They can demonstrate the willingness of the parties to co-operate and mutually agree how they are to proceed with their lives and the rearing of their children
• The parties are more likely to continue to co-operate after such an agreement in the future in comparison to a long, acrimonious and costly court action
• They will not cost you “an arm and a leg”
• Most breaches of the agreement can be enforced by a statutory remedy through the District Court and in regard to any dispute over property either spouse can apply to the court in a summary manner to determine any question between them as to the title to or possession of any property

Disadvantages of Separation Agreements

• Parties to a separation agreement are barred from seeking a judicial separation and therefore if they subsequently require ancillary relief orders from the court like property and pension adjustment orders they may have to wait until either party files for divorce after over 4 years of living apart.
• If either party wishes to break the agreement the Courts are not bound to accept all or part of the terms of any separation agreement at some future date or when applying for a divorce. An application for divorce is regarded as a new and separate application and the circumstances prevailing at the time of the divorce will be the concern of the judiciary. 
• The Courts can interfere with the terms of any separation agreement if they are not satisfied with the circumstances in which the agreement was negotiated and executed, the legal advice sought and/or obtained or whether circumstances have changed in the interim
• If in dispute at a later stage the terms in the agreement on the wavering of future maintenance provision cannot be enforced
• Lump sum payments or property transfers in lieu of future maintenance or pension provision contained in an agreement need not be accepted by a court at some future hearing
• Clauses in separation agreements on ‘full and final settlement' need not be lawful or accepted by the judiciary
• Clauses regarding agreement on pensions cannot be enforced without court pension adjustment orders which can only be obtained as part of an application for divorce.