Child Maintenance Agreement - Template, Sample Form Pro · UK-law
✓ Valid in United Kingdom · drafted to comply with local law
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CHILD MAINTENANCE AGREEMENT
THIS DEED is made on
________ (day) ________ (month) ________ (year)
1. The Parties
1.1. Party A
Party A is ________ (date of birth: ________) of:
________
Party A is the Children's ________ and the parent with whom the Children primarily live.
1.2. Party B
Party B is ________ (date of birth: ________) of:
________
Party B is the Children's ________ and the parent who is to make the periodical payments under this Agreement.
Party A and Party B are together referred to as the "Parties" and each a "Party".
2. The Children
The children who are the subject of this Agreement (the "Children", and each a "Child") are:
________
3. Background
3.1. Habitual residence and domicile
Both of the Parties and the Children are habitually resident and domiciled in England and Wales.
3.2. Child arrangements
The Children live with Party A. They have contact with Party B as follows:
________
3.3. Relationship and separation details
The Parties were ________ and they separated on ________.
3.4. Occupation and financial resources of the Parties
3.4.a. Party A
The occupation of Party A is: ________.
The full details of Party A's financial resources are set out in the Schedule marked 'Financial Resources of the Parties'.
3.4.b. Party B
The occupation of Party B is: ________.
The full details of Party B's financial resources are set out in the Schedule marked 'Financial Resources of the Parties'.
3.5. Child maintenance figures
The Parties have calculated the appropriate maintenance payments for the benefit of the Children following full, frank and detailed disclosure by each Party to the other of their respective financial circumstances (as detailed in the Schedule marked 'Financial Resources of the Parties').
3.6. Timing of the Agreement
The Parties confirm that they have had sufficient time to consider and reflect upon all information relevant to this Agreement prior to entering into it, and that neither Party has been subject to any undue influence, duress or unfair pressure.
3.7. Intention to be bound by the Agreement
The Parties have executed this Agreement as a deed and intend to be bound by its contents, and that it shall take the form of an agreement dealing with the exclusive issue of child maintenance payments for the benefit of the Children.
3.8. Independent legal advice
Each Party has had the opportunity to obtain independent legal advice regarding the contents of this Agreement and its execution as a deed. Where such advice has been obtained, the relevant certificate of each legal adviser is contained in the Schedule marked 'Certificate of Legal Advice'.
4. Agreement regarding the payment of maintenance
4.1. Periodical maintenance payments
The Parties have reached an agreement in respect of periodical payments for the benefit of the Children and record that this is a written maintenance agreement within the meaning of section 9 of, and a written agreement for the purposes of section 8(5) of, the Child Support Act 1991. The Parties have agreed that the periodical payments shall be paid from Party B to Party A as follows:
4.1.a. The payments shall be paid ________ on each ________.
4.1.b. The payments will be for the sum of £________ (________) per child, giving an aggregate sum of £________.
4.1.c. The first payment shall be made on: ________.
4.1.d. The payments must be made by bank transfer to the following account: ________.
4.1.e. The Parties agree that the periodical payments for each Child shall continue (subject to the remaining provisions of this Agreement) until that Child reaches the age of 18 years or ceases full-time secondary or tertiary education (up to and including first degree level), whichever is the later, or until the occurrence of any earlier terminating event agreed between the Parties.
4.1.f. The Parties agree that the periodical maintenance payments shall cover:
________
4.1.g. Any additional or extraordinary expenses for the benefit of the Children not covered by clause 4.1.f (including but not limited to school fees, medical or dental costs not met by the NHS, and extracurricular activities) shall be met as follows: ________.
5. Variation and review of maintenance payments
5.1. Review of periodical payments
The Parties agree that the periodical payments shall be reviewed annually on the anniversary of the first payment, or at such earlier time as there is a material change in the financial circumstances of either Party or in the needs of the Children. Any agreed variation to the periodical payments shall be recorded in writing by deed and signed by both Parties.
5.1.b. The Parties further acknowledge that any provision in this Agreement which purports to restrict the right of either Party to apply to the Child Maintenance Service or to the Court is void by virtue of section 9(3) of the Child Support Act 1991.
5.2. Maintenance orders for periodical payments
The Parties acknowledge that they have reached this written Agreement in respect of periodical payments for the benefit of the Children in accordance with section 8(5) of the Child Support Act 1991 and that they may apply by consent for a maintenance order for the payment of the periodical payments described above for the benefit of the Children under the Matrimonial Causes Act 1973 or under Schedule 1 to the Children Act 1989, as appropriate.
6. Jurisdiction and governing law
This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction to deal with any application made to the Court in respect of this Agreement.
7. Variations to this Agreement
This Agreement may only be varied in writing by deed executed by both Parties.
8. Severability of clauses
Each clause and sub-clause of this Agreement is independent of the others. Where any clause or sub-clause of this Deed is held to be void, invalid or unenforceable, that shall not affect the validity or enforceability of the remaining clauses or sub-clauses of this Agreement, which shall continue in full force and effect.
9. Declarations
Both Parties declare that:
9.1. they have carefully read and considered the provisions contained within this Deed of Agreement and wish to execute the document as a deed;
9.2. having read the Agreement and having had the opportunity to receive independent legal advice, they wish to enter into this Agreement as a legally binding deed of their own free will;
9.4. the Parties understand that there are other financial provisions and forms of maintenance which the Court may make which fall outside the matter of child maintenance payments and which have not been dealt with under this Agreement, and neither Party shall be excluded from applying for such additional orders; and
9.5. they have made full, frank and honest disclosure of their respective financial circumstances to one another as set out in the Schedule marked 'Financial Resources of the Parties', and acknowledge that any material non-disclosure may render this Agreement liable to be set aside or varied.
10. Execution and signatures
This document has been executed and delivered as a deed by the Parties as follows:
10.1. EXECUTED AND DELIVERED AS A DEED BY ________
Date: ________
Signature:
___________________
________
In the presence of:
NAME OF WITNESS: ________
SIGNATURE OF WITNESS:
___________________
ADDRESS OF WITNESS: ________
OCCUPATION OF WITNESS: ________
10.2. EXECUTED AND DELIVERED AS A DEED BY ________
Date: ________
Signature:
___________________
________
In the presence of:
NAME OF WITNESS: ________
SIGNATURE OF WITNESS:
___________________
ADDRESS OF WITNESS: ________
OCCUPATION OF WITNESS: ________
This is the Schedule marked
'Financial Resources of the Parties'
The Parties have each completed Section 2 (pages 4 to 19 inclusive) of a financial statement (Form E) and attach those forms below.
This is the Schedule marked
'Certificate of Legal Advice'
I, ________, of ________, confirm that I have advised Party A as to the terms and effect of this Deed and as to its execution as a deed.
Signature: ___________________
Date: ________
I, ________, of ________, confirm that I have advised Party B as to the terms and effect of this Deed and as to its execution as a deed.
Signature: ___________________
Date: ________
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