Persons who have been married may separate voluntarily and enter into what is called a Separation Agreement. This is a legally binding agreement or contract and the parties can deal with matters such as custody of their children, access to children, maintenance in respect of the children and/or dependant spouse, division of property and succession rights.

However, the parties are not free to deal with any matters relating to pension rights or any entitlement they may have to an estranged spouse's pension on retirement. There has to be agreement between the husband and wife on all the terms before a separation agreement can be finally signed.