Are Separation Agreements legally binding?

Separation agreements aren’t technically legally binding, but they are a contract so can be still be challenged in court. Separation agreements can form the basis of the terms of any financial settlement/financial consent order on divorce/dissolution and these are legally binding. However, it is important to ensure that the terms are fair to both parties and that no significant changes have taken place between the date of the agreement and divorce/dissolution.

Read our facts sheet about separation agreements for extra information.