Resolution Cohabitant Separation Agreement – Print Only

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

20. Financial provision for party/child[ren]
21. Financial provision for party by instalments
22. Maintenance allowance for party
23. Maintenance for children
24. Maintenance for children’s educational costs
25. Agreement to pay maintenance by standing order
26. Automatic variation in maintenance
27. Occupation of family home
28. Substitution of alternative property
29. Transfer of family home
30. Payment of and indemnity in respect of capital gains tax on transfer of family home
31. Release from mortgage
32. Declaration of solvency
33. Transfer with charge back
34. Sale of family home
35. Retirement from partnership – more than two partners so partnership continues
36. Retirement from partnership – two partners only so partnership dissolves
37. Family company
38. Assignment of life policies
39. Agreement as to death benefits under a personal pension policy/retirement annuity contract
40. Agreement as to death in service benefits appropriate to a member of an occupational pension scheme
41. Agreement to leave by will
42. Deed of covenant supplemental to agreement to leave by will
43. Agreement as to contents
44. Other assets
45. Closure of joint account
46. Credit, charge and debit cards
47. Taxation indemnity
48. Agreement not to disclose information or private media
49. Variation
50. Costs
51. Relevant law
52. 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:

Online only £150

Online and print together £175