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
- Heading
- Definitions
- Recital: Cohabitation
- Recital: Existing separation
- Recital: Future separation
- Recital: Intention to create legal relations
- Recital: Independent advice
- Recital: Basis of disclosure
- Recital: Prior capital payment
- Recital: Prior transfer of parties’ home
- Recital: Prior agreement relating to contents
- Recital: Prior sale of family home
- Recital: Short-term agreement
- Recital: Basis on which short-term agreement is entered into
- Recital: Specified liabilities
- Child arrangements
- Agreement to separate
- Basis of agreement
- Agreement as to disposal of claims
Appendix A: Summary/detailed statement of financial disclosure
- Financial provision for party/child[ren]
- Financial provision for party by instalments
- Maintenance allowance for party
- Maintenance for children
- Maintenance for children’s educational costs
- Agreement to pay maintenance by standing order
- Automatic variation in maintenance
- Occupation of family home
- Substitution of alternative property
- Transfer of family home
- Payment of and indemnity in respect of capital gains tax on transfer of family home
- Release from mortgage
- Declaration of solvency
- Transfer with charge back
- Sale of family home
- Retirement from partnership – more than two partners so partnership continues
- Retirement from partnership – two partners only so partnership dissolves
- Family company
- Assignment of life policies
- Agreement as to death benefits under a personal pension policy/retirement annuity contract
- Agreement as to death in service benefits appropriate to a member of an occupational pension scheme
- Agreement to leave by will
- Deed of covenant supplemental to agreement to leave by will
- Agreement as to contents
- Other assets
- Closure of joint account
- Credit, charge and debit cards
- Taxation indemnity
- Agreement not to disclose information or private media
- Variation
- Costs
- Relevant law
- 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
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Members Price £150
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Non-members Price £ 200