Separation Agreement Cohabiting Couples Template for England and Wales

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Key Requirements PROMPT example:

Separation Agreement Cohabiting Couples

"I need a Separation Agreement for Cohabiting Couples that covers the division of our jointly owned property in London and arrangements for our two children, with the separation to take effect from March 2025."

Document background
The Separation Agreement for Cohabiting Couples is essential for unmarried partners in England and Wales who are ending their cohabitation arrangement. Unlike married couples, cohabitants don't have automatic legal rights upon separation, making this agreement crucial for protecting both parties' interests. The document typically covers property division, financial settlements, arrangements for children, and the distribution of shared assets and debts. It provides legal certainty and can help avoid costly court proceedings. The agreement is particularly important given that English and Welsh law doesn't recognize the concept of 'common law marriage', leaving cohabiting couples with limited legal protection without such an agreement.
Suggested Sections

1. Parties: Details of the cohabiting partners entering into the agreement

2. Background: History of relationship, reason for separation, and current living arrangements

3. Definitions: Key terms used throughout the agreement

4. Property Division: Agreement on division of shared property and assets

5. Financial Settlement: Terms of any financial arrangements between parties

6. Confidentiality: Privacy obligations regarding the agreement and relationship

7. Governing Law: Confirmation that agreement is governed by laws of England and Wales

Optional Sections

1. Children Arrangements: Details of custody, access, and maintenance for children - include when parties have children together

2. Pets: Arrangements for care and ownership of shared pets - include when parties have shared pets

3. Business Interests: Division of shared business interests - include when parties have joint business ventures

4. Future Contact: Agreement on future communication and interaction - include when parties want to establish boundaries

5. Debts: Division of shared debts and liabilities - include when parties have joint debts

Suggested Schedules

1. Schedule 1: Asset Schedule: Detailed list of all shared assets and their agreed division

2. Schedule 2: Property Details: Details of any shared property and arrangements for transfer/sale

3. Schedule 3: Financial Obligations: Detailed breakdown of any ongoing financial commitments

4. Appendix A: Children's Arrangements: Detailed parenting plan if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Trusts of Land and Appointment of Trustees Act 1996 (TOLATA): Primary legislation governing property ownership disputes between cohabitants and dealing with beneficial interests in property. Essential for determining how shared property should be divided.

Children Act 1989: Crucial legislation covering arrangements for children, including child maintenance obligations and financial provision (particularly Schedule 1). Necessary when the separating couple has children.

Family Law Act 1996: Part IV of this Act deals with occupation rights and protection from domestic violence, which may need to be addressed in the separation agreement.

Limitation Act 1980: Sets out the time limits for bringing claims relating to the separation agreement or associated matters.

Common Law - Constructive Trusts: Legal principle used to determine beneficial interests in property where the legal ownership doesn't reflect the true intentions of the parties.

Common Law - Resulting Trusts: Legal principle that applies where property is purchased and the legal ownership doesn't reflect the financial contributions made.

Common Law - Proprietary Estoppel: Legal principle protecting a party who has relied on promises or assurances about property to their detriment.

Contract Law - General Principles: Fundamental principles including consideration, intention to create legal relations, and capacity to contract, which are essential for creating a valid separation agreement.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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