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.





  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

  1. Financial provision for party/child[ren]
  2. Financial provision for party by instalments
  3. Maintenance allowance for party
  4. Maintenance for children
  5. Maintenance for children’s educational costs
  6. Agreement to pay maintenance by standing order
  7. Automatic variation in maintenance
  8. Occupation of family home
  9. Substitution of alternative property
  10. Transfer of family home
  11. Payment of and indemnity in respect of capital gains tax on transfer of family home
  12. Release from mortgage
  13. Declaration of solvency
  14. Transfer with charge back
  15. Sale of family home
  16. Retirement from partnership – more than two partners so partnership continues
  17. Retirement from partnership – two partners only so partnership dissolves
  18. Family company
  19. Assignment of life policies
  20. Agreement as to death benefits under a personal pension policy/retirement annuity contract
  21. Agreement as to death in service benefits appropriate to a member of an occupational pension scheme
  22. Agreement to leave by will
  23. Deed of covenant supplemental to agreement to leave by will
  24. Agreement as to contents
  25. Other assets
  26. Closure of joint account
  27. Credit, charge and debit cards
  28. Taxation indemnity
  29. Agreement not to disclose information or private media
  30. Variation
  31. Costs
  32. Relevant law
  33. Execution clause

A proposed draft final TOLATA order

Tomlin order

Deed of settlement and release

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