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Informal Separation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Informal Separation Agreement

"Need an Informal Separation Agreement to outline the division of our shared property and financial responsibilities, with specific arrangements for our two children who will primarily live with me while maintaining regular contact with my spouse starting from March 2025."

Document background
An Informal Separation Agreement is commonly used when couples in England and Wales decide to separate but are not yet ready to pursue formal divorce proceedings. This document provides a framework for managing practical arrangements during the separation period, including financial matters, living arrangements, and child care responsibilities. While not legally binding in the same way as a court order, the agreement serves as evidence of the parties' intentions and can influence future legal proceedings. The document typically includes details about asset division, financial responsibilities, living arrangements, and if relevant, arrangements for children. It's important to note that while informal, these agreements should still be drafted with consideration of relevant legislation such as the Matrimonial Causes Act 1973 and the Children Act 1989.
Suggested Sections

1. Parties: Details of both separating parties, including full names, addresses and other relevant personal information

2. Background: Brief history of relationship, date of marriage/civil partnership if applicable, and reason for separation

3. Definitions: Key terms used throughout the agreement, including 'Separation Date', 'Matrimonial Home', 'Joint Assets'

4. Date of Separation: Official date from which separation takes effect and its legal implications

5. Living Arrangements: Details of who will live where, including any arrangements regarding the family home

6. Financial Arrangements: Division of assets, debts, and ongoing financial responsibilities including maintenance payments

Optional Sections

1. Children Arrangements: Details of custody, access, maintenance and other arrangements regarding children of the relationship

2. Pets: Arrangements for care and custody of pets, including financial responsibility for their maintenance

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

4. Future Conduct: Agreements about behavior, communication, and interaction between parties post-separation

Suggested Schedules

1. Schedule A - Assets: Detailed list of all shared assets and their agreed division between the parties

2. Schedule B - Debts: Detailed list of all shared debts and liabilities and their agreed division

3. Schedule C - Contact Arrangements: Detailed schedule of contact arrangements with children, including holidays and special occasions

4. Schedule D - Property Inventory: Detailed inventory of household contents and personal belongings and their agreed division

Authors

Alex Denne

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

Relevant legal definitions



























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Matrimonial Causes Act 1973: Primary legislation providing the framework for divorce and separation, including financial provisions and property rights between separating spouses

Family Law Act 1996: Covers domestic proceedings under Part IV, including protection orders and occupation rights for the family home

Children Act 1989: Essential legislation for cases involving children, covering custody arrangements, access rights, and maintenance obligations for children's welfare

Welfare Reform Act 2009: Legislation pertaining to child maintenance obligations and enforcement of support payments

Civil Partnership Act 2004: Relevant legislation if the separation involves civil partners rather than married couples, ensuring equal treatment under the law

Trusts of Land and Appointment of Trustees Act 1996: Governs the handling of property held in joint names and the rights of beneficiaries in land trusts

Married Women's Property Act 1882: Historical but still relevant legislation concerning property rights, particularly regarding married women's separate property

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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