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Separation Property Agreement Template for England and Wales

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Key Requirements PROMPT example:

Separation Property Agreement

"I need a Separation Property Agreement to formalize the division of our family home and joint investments following separation from my spouse, including arrangements for our shared holiday property in France and provisions for monthly maintenance payments to begin from March 2025."

Document background
A Separation Property Agreement is commonly used when married couples or civil partners decide to separate but are not yet ready or willing to commence divorce proceedings. This document, governed by the laws of England and Wales, provides clarity and certainty regarding the division of assets and financial responsibilities during the separation period. The agreement typically includes detailed provisions about property division, financial arrangements, maintenance payments, and can also address arrangements for children. While not automatically binding on a court in subsequent divorce proceedings, these agreements carry significant weight when properly drafted and executed with independent legal advice.
Suggested Sections

1. Parties: Details of both spouses/partners entering into the agreement

2. Background: Brief history of marriage/partnership and reason for separation

3. Definitions: Key terms used throughout the agreement

4. Property Division: Details of how property assets will be divided

5. Financial Arrangements: Agreement on financial matters including maintenance

6. Execution: Signing and witnessing provisions

Optional Sections

1. Children Arrangements: Details of arrangements for minor children including residence, contact, and financial support

2. Pension Arrangements: Provisions for the division of pension assets and retirement benefits

3. Business Interests: Arrangements regarding the division or management of business assets and interests

4. Debt Division: Provisions for the allocation and management of existing debts

Suggested Schedules

1. Schedule 1: Property Inventory: Detailed list of all property assets and their agreed values

2. Schedule 2: Financial Disclosure: Complete financial disclosure from both parties

3. Schedule 3: Maintenance Calculations: Detailed calculations for any maintenance payments

4. Appendix A: Property Valuations: Professional valuations of major assets

5. Appendix B: Legal Advice Certificates: Certificates confirming independent legal advice received by both parties

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

Relevant legal definitions























Clauses

























Industries

Matrimonial Causes Act 1973: Primary legislation governing divorce proceedings and financial settlements, providing court powers for property division and establishing factors for financial settlements between separating spouses

Family Law Act 1996: Covers domestic occupation rights and protection of property rights during separation, particularly relevant in Part IV of the Act

Married Women's Property Act 1882: Fundamental legislation establishing property rights of married women and provides the basis for resolving property ownership disputes between spouses

Trusts of Land and Appointment of Trustees Act 1996: Governs property ownership and rights, particularly relevant for cases involving jointly owned property between separating parties

Civil Partnership Act 2004: Provides equivalent provisions to marriage for same-sex couples in relation to property rights and separation agreements

Children Act 1989: Addresses property considerations relating to children, particularly regarding their housing needs during and after separation

Human Rights Act 1998: Ensures protection of right to peaceful enjoyment of property and right to respect for private and family life

Inheritance (Provision for Family and Dependants) Act 1975: Addresses future inheritance rights and provisions that may need to be considered in separation agreements

Teams

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