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Partner Separation Agreement for the United Kingdom

Partner Separation Agreement Template for England and Wales

A Partner Separation Agreement is a legally binding document under England and Wales law that sets out the terms of separation between unmarried partners or those in a civil partnership. It covers the division of assets, financial arrangements, property disposition, and where applicable, arrangements for children. The agreement provides clarity and certainty for both parties while helping to avoid future disputes and costly legal proceedings.

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Partner Separation Agreement

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What is a Partner Separation Agreement?

The Partner Separation Agreement is essential for unmarried partners or civil partners in England and Wales who are ending their relationship and need to formally document their separation terms. This agreement becomes particularly crucial as English law doesn't recognize 'common law marriage,' leaving cohabiting partners with limited legal protection. The document typically includes provisions for property division, financial settlements, arrangements for children (if any), and the division of other assets and liabilities. It serves as a clear record of what has been agreed and can help prevent future disputes. While not automatically enforceable like a court order, a properly drafted Partner Separation Agreement can be relied upon in court if either party later attempts to deviate from its terms.

What sections should be included in a Partner Separation Agreement?

1. Parties: Identification and details of both separating partners

2. Background: History of relationship, current circumstances, and reason for separation

3. Definitions: Key terms used throughout the agreement

4. Property Division: Agreement on division of shared property and assets

5. Financial Settlement: Terms of financial separation and ongoing obligations

What sections are optional to include in a Partner Separation Agreement?

1. Children Arrangements: Include when children are involved - covering custody, access, and maintenance

2. Pets: Include when there are shared pets - covering ownership and care arrangements

3. Business Interests: Include when partners share business interests - covering division or continued operation

4. Debt Division: Include when there are shared debts - covering responsibility and payment arrangements

What schedules should be included in a Partner Separation Agreement?

1. Schedule of Assets: Detailed list of all shared assets and their agreed division

2. Property Details: Details of any shared properties and their disposition

3. Financial Schedule: Detailed breakdown of financial settlements and payments

4. Contact Schedule: If children involved, detailed schedule of contact arrangements

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions



























Clauses





























Industries

Civil Partnership Act 2004: Primary legislation governing civil partnerships, their dissolution and separation requirements. Essential for partners who are in a civil partnership.

Family Law Act 1996: Covers domestic proceedings under Part IV, including protection orders and occupation rights for separating partners.

Children Act 1989: Crucial legislation for arrangements involving children, covering parental responsibility and child maintenance obligations in separation cases.

Trusts of Land and Appointment of Trustees Act 1996: Governs property division and beneficial interests in shared property between separating partners (TOLATA).

Land Registration Act 2002: Key property law legislation affecting the registration and transfer of land interests during separation.

Law of Property Act 1925: Fundamental property law statute affecting how property interests are held and transferred during separation.

Matrimonial and Family Proceedings Act 1984: Legislation governing financial arrangements and proceedings in family matters during separation.

Child Support Act 1991: Regulates child maintenance and support arrangements between separating partners.

Human Rights Act 1998: Ensures separation agreements comply with human rights obligations under UK law.

Teams

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