Resolution releases Cohabitant Separation Agreement precedents

Resolution has announced that its Cohabitant Separation Agreements are now available online to aide practitioners in resolving cohabitation arrangements on relationship breakdown.

A note on Resolution’s website following their publication said:

“On separation [cohabitants] 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.”

“Resolution is introducing these Cohabitant Separation Precedents as a much-needed resource to support practitioners in this ever-increasing area of family law practice,” said Resolution Cohabitation Committee Chair Graeme Fraser, adding:

“These precedents are intended to principally assist parties to negotiate to reach solutions that avoid dispute altogether or avoid unnecessary use of the courts.”

Fraser added:

“I express the hope that these precedents assist in reducing conflict for cohabitants in everyday situations.”

Click here to purchase the precedents for the members price of £175 or non-members price of £250.

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