Resolution Cohabitant Separation Agreement – Online and Print Together

Back to publications

Pre-order for release on the 1st August 2022

The numbers of cohabiting couples whose relationships have come to an end and who are seeking advice on separation are ever increasing. And yet, as we know, the remedies available to them are limited, only partially address their requirements, and are not designed to assist couples in unravelling their financial links on exiting their relationship.

For married or civil partnered couples who have reached agreement on their financial settlement we turn to consent order precedents refined over many years, or on occasion separation agreements for those for whom an immediate divorce is not on the horizon. These clients and those advising them are well catered for in precedent terms, however what of those many unmarried couples? Just because our legal system fails to provide them with a means of separating all their assets and interconnected financial arrangements doesn’t mean they don’t have a need for a final, binding, and comprehensive separation agreement. Many cohabiting couples own homes and other property together, have common business interests, have joint bank accounts or other investments, are employed by their partner’s business, are informally maintained by their partner and so on.

Contrary to popular conception, not all separating cohabitants want to see their former partner bereft of a home and nor are they all unable to reach agreement. Parties may agree to ongoing financial obligations or connections because of children and housing or because they are in business together. On separation they require a formal legal agreement making clear the terms of their separation and what they each commit to do now and in the future. This agreement is that.


Contents

Foreword

Introduction

Acknowledgements

  1. Heading
  2. Definitions
  3. Recital: Cohabitation
  4. Recital: Existing separation
  5. Recital: Future separation
  6. Recital: Intention to create legal relations
  7. Recital: Independent advice
  8. Recital: Basis of disclosure
  9. Recital: Prior capital payment
  10. Recital: Prior transfer of parties’ home
  11. Recital: Prior agreement relating to contents
  12. Recital: Prior sale of family home
  13. Recital: Short-term agreement
  14. Recital: Basis on which short-term agreement is entered into
  15. Recital: Specified liabilities
  16. Child arrangements
  17. Agreement to separate
  18. Basis of agreement
  19. Agreement as to disposal of claims

Appendix A: Summary/detailed statement of financial disclosure

  1. Financial provision for party/child[ren]
  2. Financial provision for party by instalments
  3. Maintenance allowance for party
  4. Maintenance for children
  5. Maintenance for children’s educational costs
  6. Agreement to pay maintenance by standing order
  7. Automatic variation in maintenance
  8. Occupation of family home
  9. Substitution of alternative property
  10. Transfer of family home
  11. Payment of and indemnity in respect of capital gains tax on transfer of family home
  12. Release from mortgage
  13. Declaration of solvency
  14. Transfer with charge back
  15. Sale of family home
  16. Retirement from partnership – more than two partners so partnership continues
  17. Retirement from partnership – two partners only so partnership dissolves
  18. Family company
  19. Assignment of life policies
  20. Agreement as to death benefits under a personal pension policy/retirement annuity contract
  21. Agreement as to death in service benefits appropriate to a member of an occupational pension scheme
  22. Agreement to leave by will
  23. Deed of covenant supplemental to agreement to leave by will
  24. Agreement as to contents
  25. Other assets
  26. Closure of joint account
  27. Credit, charge and debit cards
  28. Taxation indemnity
  29. Agreement not to disclose information or private media
  30. Variation
  31. Costs
  32. Relevant law
  33. Execution clause

A proposed draft final TOLATA order

Tomlin order

Deed of settlement and release

Pre-order for release on 1st August 2022

You can also purchase the agreements in other formats:

Print only £150

Online only £150

  • Members Price £175

  • Non-members Price £ 250

SKU: 4140/06