Cohabitation Separation Agreement

SEPARATION AGREEMENT

This Agreement is made on 03/07/2026

BETWEEN
(1) [partyAName] of [partyAAddress] ("Party A"); and
(2) [partyBName] of [partyBAddress] ("Party B").

RECITALS
A. The parties have lived together as an unmarried couple at [jointHome] from [cohabStart] to [cohabEnd].
B. The parties are not and have never been married to each other and are not in a civil partnership. They acknowledge that English law does not recognise "common-law marriage" and that this Agreement is intended to record their voluntary financial arrangements on separation.
C. The parties have each considered whether to obtain independent legal advice before signing this Agreement.

IT IS AGREED as follows.

1. INTERPRETATION
"Family Home" means the property at [jointHome] registered at HM Land Registry under title number [titleNumber].
"Chattels" means the household goods, furniture and personal belongings held at the Family Home.
"Children" (if any) means [childrenNames].

2. FAMILY HOME
2.1 The parties acknowledge that the Family Home is held in joint names as joint tenants. In accordance with the principles in Stack v Dowden [2007] UKHL 17 and Jones v Kernott [2011] UKSC 53, they have agreed the beneficial interests as follows:
   • Party A:  [aSharePct]%
   • Party B:  [bSharePct]%

2.2 The Family Home shall be dealt with as follows: sold on the open market within 6 months and net proceeds divided per clause 2.1.

2.3 Net sale proceeds (after discharge of the mortgage of £[mortgageOutstanding], estate agent and legal fees) shall be divided in the proportions set out at clause 2.1.

3. CHATTELS AND BANK ACCOUNTS
3.1 The Chattels shall be divided as agreed in the schedule attached hereto.
3.2 Each party shall retain the bank accounts and investments held in their sole name. Joint accounts shall be closed and the balance divided equally within twenty-eight (28) days.

4. DEBTS
Each party shall be solely responsible for debts in their own name. Joint debts, including the mortgage until sale or transfer, shall be discharged as set out at clause 2.

5. CHILDREN (where applicable)
5.1 The parties will use their best endeavours to reach arrangements for the Children in accordance with the welfare principle in section 1 Children Act 1989.
5.2 Child maintenance shall be calculated using the Child Maintenance Service formula; the paying parent agrees to pay £[childMaintenance] per calendar month.

6. FULL AND FINAL SETTLEMENT
Subject to Court sanction where any dispute reaches court, this Agreement is intended to constitute a full and final settlement of all financial claims between the parties arising out of the cohabitation, including any claim under the Trusts of Land and Appointment of Trustees Act 1996 or Schedule 1 to the Children Act 1989 in relation to matters within its scope.

7. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

8. LEGAL ADVICE
Each party confirms they have had the opportunity to take independent legal advice and understand the terms of this Agreement.

SIGNED as a deed by Party A:  ________________________
In the presence of (witness): ________________________

SIGNED as a deed by Party B:  ________________________
In the presence of (witness): ________________________