Resolution Cohabitant Separation Agreement – Online Only

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The numbers of cohabiting couples whose relationships have come to an end and who are seeking advice on separation are ever increasing, yet the remedies available to them are limited and only partially address their requirements.

Many cohabitants who jointly own property, have children, common business interests, joint bank accounts or investments may agree to ongoing financial obligations or connections because of these factors.

What is a Cohabitant Separation Agreement?

Cohabitant Separation Agreements is a set of precedent clauses designed to enable separating cohabitants’ financial commitments and ongoing obligations to be pulled together in one binding document.

What do these precedents do?

Used correctly, they should provide an all-encompassing separation agreement which addresses all matters the separating couple have agreed upon and which is binding and therefore enforceable as a contract.

How to use them

The agreement is available in print and as an electronic template which allows individual clauses to be adopted on a bespoke basis for your clients, or for you to generate the entire precedents template to be tailored accordingly. Clients details can be input into the template to flow into the specific clauses.

Contractually binding

The Cohabitant Separation Agreement has been drafted so as to be binding. It is to be executed as a deed, witnessed and requires no consideration.



The agreement includes a banner warning that the document creates legal obligations that determine rights in relation to the family home and other financial issues. It is important that parties do not sign an agreement unless they understand it and intend to be bound by its terms. Clients must be made aware of this, and for this reason Resolution does not advise that these Agreements are used or signed without seeking independent legal advice.





  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

You can also purchase the agreements in other formats:

Print only £150

Online and print  £175

  • Members Price £150

  • Non-members Price £ 200

SKU: 4140/6