A separation agreement is a kind of contract which is a legally binding document on both partners who wish to separate before filing a divorce. The deed of separation binds both partners to abide by its clauses. If either of them fails to respect the provisions of the agreement, the other party may take legal action for breach of contract for not carrying out the terms of the agreement
It is, therefore, prudent for that both partners to receive separate i.e. independent legal advice before signing the agreement. An immaculately prepared deed by a solicitor and passed through the court by a judge may be needed as evidence in any court proceedings to enforce the terms of the agreement.