It is possible to enter into a contract, called a separation agreement, which sets out your financial settlement and is recorded in a deed. Although it may seek to bind both parties, a separation deed cannot bind the Family Court which retains a wide discretion, applying s25, to reach a fair and reasonable settlement. In some circumstances, if there has been a change of circumstances which renders the agreement unfair or unreasonable, a separation agreement may be departed from, and as such they do not provide the same certainty of outcome that many parties seek and that a court order would.