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Cohabitation Separation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Cohabitation Separation Agreement

"I need a Cohabitation Separation Agreement to formalize the end of my 5-year cohabitation, including arrangements for our jointly owned property in London and shared custody of our two children, with the separation to take effect from March 2025."

Document background
The Cohabitation Separation Agreement is essential for unmarried couples in England and Wales who are ending their cohabiting relationship. This document becomes particularly important as cohabiting couples lack the same legal protections as married couples under English law. The agreement covers crucial aspects such as property division, financial settlements, arrangements for children (if any), and the separation of shared assets and liabilities. It provides legal certainty and helps prevent future disputes by clearly documenting the terms of separation. The document should be drafted with careful consideration of property law, trust law, and contract law principles, as these form the legal framework for cohabitation matters in England and Wales.
Suggested Sections

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

2. Background: History of the relationship and current circumstances

3. Definitions: Key terms used throughout the agreement

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

5. Financial Settlement: Terms of financial separation and settlements

6. Mutual Release: Release of future claims against each other

Optional Sections

1. Children Arrangements: Details of custody, access, and maintenance arrangements when children are involved

2. Pets: Arrangements for shared pets including custody and care responsibilities

3. Business Interests: Division of shared business interests and ongoing management arrangements

4. Debt Division: Agreement on handling shared debts and financial liabilities

Suggested Schedules

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

2. Schedule of Properties: Details of all properties owned jointly or separately including beneficial interests

3. Financial Disclosure: Full financial disclosure from both parties including assets, income, and liabilities

4. Children's Schedule: Detailed arrangements for children including contact schedules and maintenance arrangements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries
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Industries

Trusts of Land and Appointment of Trustees Act 1996 (TOLATA): Primary legislation governing property ownership and rights between cohabitants, including determination of beneficial interests in property

Children Act 1989: Legislation covering arrangements for children, including residence, contact, and maintenance obligations in cases involving children of cohabiting couples

Family Law Act 1996: Legislation dealing with occupation rights and protection from domestic violence, relevant for determining residence rights post-separation

Law of Property Act 1925: Fundamental property legislation governing legal ownership of property and property rights and interests between parties

Civil Partnership Act 2004: While not directly applicable to cohabitation, provides useful comparative framework for handling relationship breakdown

Constructive Trusts: Common law principle used to determine beneficial interests in property where explicit declarations are absent

Resulting Trusts: Common law principle applying where property is purchased with contributions from both parties but held in one name

Proprietary Estoppel: Equitable doctrine protecting rights where one party has relied on assurances about property interests to their detriment

Contract Law Principles: Fundamental principles including capacity to contract, consideration, and intention to create legal relations

Limitation Act 1980: Legislation setting time limits for bringing claims relating to property or contractual disputes

Human Rights Act 1998: Legislation protecting right to family life and peaceful enjoyment of possessions, relevant for balancing parties' competing rights

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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