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Post Separation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Post Separation Agreement

"Need a Post Separation Agreement to document the division of our jointly owned property portfolio and business assets, with specific provisions for pension sharing and ongoing maintenance payments following our separation on 1 March 2025."

Document background
A Post Separation Agreement is essential when couples who are separating wish to formally document their arrangements before proceeding with divorce. Under the jurisdiction of England and Wales, this agreement provides clarity and certainty regarding financial settlements, property division, and arrangements for children if applicable. While not automatically binding on a court, it carries significant weight in subsequent legal proceedings and demonstrates the parties' intentions at the time of separation. The agreement typically includes detailed provisions about asset division, maintenance payments, pension arrangements, and can help avoid future disputes.
Suggested Sections

1. Parties: Details of the separated parties including full names, addresses, and occupations

2. Background: Brief history of the relationship, date of separation, and reason for agreement

3. Definitions: Key terms used throughout the agreement

4. Financial Settlement: Details of division of assets, property, and financial arrangements

5. Living Arrangements: Current and future living arrangements of both parties

Optional Sections

1. Children Arrangements: Details of custody, access, and maintenance arrangements for children (include when parties have children)

2. Pension Provisions: Arrangements regarding pension sharing or splitting (include when either party has significant pension assets)

3. Business Interests: Arrangements regarding shared business interests (include when parties have joint business interests)

4. Future Inheritance: Provisions regarding future inheritance rights (include when significant inheritance is expected or needs to be protected)

Suggested Schedules

1. Schedule of Assets: Detailed list of all assets owned jointly or separately

2. Property Schedule: Details of all property owned and agreed division

3. Financial Disclosure: Full financial disclosure from both parties

4. Children's Schedule: Detailed arrangements for children including contact schedules

5. Maintenance Schedule: Details of any maintenance payments and arrangements

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 governing divorce and separation, particularly focusing on financial provisions, property settlements, and maintenance arrangements between separated spouses

Family Law Act 1996: Legislation covering domestic arrangements and property rights between separated couples, including occupation rights and domestic violence provisions

Children Act 1989: Comprehensive legislation dealing with children's matters including custody, access, maintenance, and the paramount importance of child welfare in family arrangements

Matrimonial and Family Proceedings Act 1984: Legislation governing financial relief in matrimonial cases, including provisions for after overseas divorces

Civil Partnership Act 2004: Legislation establishing civil partnerships and governing their dissolution, particularly relevant for same-sex couples

Common Law Contract Principles: Legal principles regarding contract formation including consideration, intention to create legal relations, and capacity to contract

Family Procedure Rules 2010: Procedural framework governing family proceedings, including disclosure obligations and court procedures

Human Rights Act 1998: Legislation protecting fundamental rights including right to respect for private and family life and peaceful enjoyment of property

Inheritance (Provision for Family and Dependants) Act 1975: Legislation governing future inheritance rights and claims against estates by family members and dependants

Trusts of Land and Appointment of Trustees Act 1996: Legislation governing property ownership rights and trustee appointments in land matters

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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