Unmarried Separation Agreement for Malta

Unmarried Separation Agreement Template for Malta

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Unmarried Separation Agreement

"I need an Unmarried Separation Agreement for a couple who have cohabited for 8 years, with shared property and two children, where one partner will keep the family home in exchange for a lump sum payment to be made by March 2025."

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What is a Unmarried Separation Agreement?

The Unmarried Separation Agreement is essential for cohabiting partners in Malta who wish to formally end their relationship and establish clear legal arrangements for their separation. This document becomes necessary when unmarried couples who have been living together decide to separate and need to formalize the division of their shared assets, financial responsibilities, and living arrangements. It is particularly relevant under Malta's legal framework, specifically the Cohabitation Act 2017, which recognizes and protects the rights of cohabiting partners. The agreement covers crucial aspects such as property division, financial settlements, debt allocation, and if applicable, arrangements for children. It provides legal certainty and protection for both parties, helping to prevent future disputes and establishing clear guidelines for post-separation obligations and responsibilities.

What sections should be included in a Unmarried Separation Agreement?

1. Parties: Identification and details of both parties to the agreement

2. Background: History of the relationship, including cohabitation period and reason for separation

3. Definitions: Definitions of key terms used throughout the agreement

4. Date of Separation: Official date when the separation takes effect

5. Living Arrangements: Details of who will live where following separation

6. Division of Property: How jointly owned or shared property will be divided

7. Financial Settlements: Details of any financial settlements between the parties

8. Debts and Liabilities: Allocation of responsibility for existing debts and liabilities

9. Mutual Release: Agreement that both parties release each other from future claims

10. Confidentiality: Terms regarding privacy and confidentiality of the agreement

11. Governing Law: Confirmation that the agreement is governed by Maltese law

12. Dispute Resolution: Process for resolving any future disputes

13. Execution: Signing and witnessing requirements

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

1. Children Arrangements: Required if the couple has children together, covering custody, access, and maintenance

2. Pets: Required if there are pets whose custody needs to be determined

3. Business Interests: Required if the parties have shared business interests that need to be separated

4. Intellectual Property: Required if there is joint intellectual property to be divided

5. Future Communication: Optional section specifying how parties will communicate post-separation

6. Social Media: Guidelines for social media behavior and privacy post-separation

7. Insurance Policies: Required if there are joint insurance policies to be addressed

8. Future Relationships: Optional provisions regarding conduct with future partners

9. Mediation Clause: Optional commitment to attempt mediation before legal proceedings

What schedules should be included in a Unmarried Separation Agreement?

1. Schedule A - Property Inventory: Detailed list of all property and assets being divided

2. Schedule B - Financial Disclosure: Complete financial disclosure from both parties

3. Schedule C - Division of Personal Items: Detailed list of how personal items will be divided

4. Schedule D - Debt Schedule: List of all debts and their agreed allocation

5. Appendix 1 - Children's Arrangements: Detailed parenting plan if children are involved

6. Appendix 2 - Payment Schedule: Schedule of any agreed payments between parties

7. Appendix 3 - Property Documents: Copies of property titles or rental agreements

8. Appendix 4 - Photographic Inventory: Photos of valuable items being divided

Authors

Alex Denne

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

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