As their name implies, separation agreements are entered into after a relationship has broken down, and the parties go their separate ways. It is important that any separation agreement deals with all the relevant issues, financial and otherwise, which need sorting out at the time of the relationship breakdown.
As a general rule, as with pre-nup agreements, provided the parties are properly advised, both legally and financially, separation agreements will be upheld by the courts.
Separation agreements can be particularly helpful in cases where there is no immediate court action, for instance where the parties wish to divorce after a two-year separation; the separation agreement will cover financial and other issues until they can be included in a court order.
If a separation agreement is suitable in your circumstances please ask for my advice and assistance in drafting this for you.