The Separation Agreement for Cohabiting Couples is essential for unmarried partners in England and Wales who are ending their cohabitation arrangement. Unlike married couples, cohabitants don't have automatic legal rights upon separation, making this agreement crucial for protecting both parties' interests. The document typically covers property division, financial settlements, arrangements for children, and the distribution of shared assets and debts. It provides legal certainty and can help avoid costly court proceedings. The agreement is particularly important given that English and Welsh law doesn't recognize the concept of 'common law marriage', leaving cohabiting couples with limited legal protection without such an agreement.
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1. Parties: Details of the cohabiting partners entering into the agreement
2. Background: History of relationship, reason for separation, and current living arrangements
3. Definitions: Key terms used throughout the agreement
4. Property Division: Agreement on division of shared property and assets
5. Financial Settlement: Terms of any financial arrangements between parties
6. Confidentiality: Privacy obligations regarding the agreement and relationship
7. Governing Law: Confirmation that agreement is governed by laws of England and Wales
1. Children Arrangements: Details of custody, access, and maintenance for children - include when parties have children together
2. Pets: Arrangements for care and ownership of shared pets - include when parties have shared pets
3. Business Interests: Division of shared business interests - include when parties have joint business ventures
4. Future Contact: Agreement on future communication and interaction - include when parties want to establish boundaries
5. Debts: Division of shared debts and liabilities - include when parties have joint debts
1. Schedule 1: Asset Schedule: Detailed list of all shared assets and their agreed division
2. Schedule 2: Property Details: Details of any shared property and arrangements for transfer/sale
3. Schedule 3: Financial Obligations: Detailed breakdown of any ongoing financial commitments
4. Appendix A: Children's Arrangements: Detailed parenting plan if applicable
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