When then should I use a Separation Agreement?

You should seriously consider entering into a written Separation Agreement if you and your ex-partner are considering getting divorced or dissolving your civil partnership, but haven’t definitely decided to split up.

You should also consider entering into a Separation Agreement if you are not able to divorce or dissolve your civil partnership – perhaps because you have been together for less than one year in England or Wales – but want to agree who pays what and who then is to be the person to apply for the divorce (for example).