Not every married couple who fall out want to start divorce proceedings straight
away. It is possible to agree an amicable settlement and incorporate this in a
"Deed of Separation". The problem with Separation Agreements is that they are a
contract between the parties and unless both are 100% happy with what is
proposed they, like any other contract, will not be signed. Parties do have to
be on extremely good terms to incorporate everything into a Separation
Agreement. Since they are binding contracts between the parties a Court will
rarely overturn a Separation Agreement. As with Co-habitation Agreements however
the Court retains a discretion to do so and impose its own Order if it considers
the terms of an agreement to be unfair to one or other party even if both
parties have been independently advised.