When entering into a separation agreement, can the parties only agree to apply in due course for a pension sharing order within divorce proceedings, or can any additional steps be taken in relation to pension assets at that stage? If no further steps can be taken, how should a future pension sharing order be dealt with in the separation agreement?

A Separation agreement is a document that can be drawn up between a couple upon separation, setting out how they agree to divide their assets. While such an agreement is not a court order and is not legally enforceable should either party subsequently apply for a Financial remedy the court may well give decisive weight to the parties’ previous separation agreement if it met their needs and had been fairly negotiated with appropriate financial disclosure provided.

A separation agreement can be a useful way to achieve clarity in respect of most assets, however, it cannot take the place of a Pension sharing order. A pension sharing order is an order which provides that one party’s