Child Maintenance Agreement - Template, Sample Form
✓ Valid in United Kingdom
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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 ________ (DOB: ________) of:
________
Party A is the Children's Mother.
1.2. Party B
Party B is ________ (DOB: ________) of:
________
Party B is the Children's Mother.
2. The Children
The Children who are the subject of this Agreement 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. Separation details
The Parties were married 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 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 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 detailed disclosure regarding the financial circumstances of each party to the other party (as detailed in the Schedule marked 'Financial Resources of the Parties').
3.6. Timing of the Agreement
The Parties agree that they have had sufficient time to consider and reflect upon all information relevant to the Agreement prior to entering into the Agreement.
3.7. Intention to be bound by the Agreement
The Parties have executed the Agreement as a deed and intend to be bound by the contents of the Agreement and that it shall take the form of a separation agreement dealing with the exclusive issue of child maintenance payments.
3.8. Independent legal advice
Both Parties have received independent legal advice regarding the contents of the Agreement and its execution as a deed. The relevant signatures of each legal advisor are 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 agreement regarding the periodical payments in accordance with section 8(5) of the Child Support Act 1991. The Parties have agreed that the periodical payments shall by paid from Party B to Party A as follows:
4.1.a. The payments shall be paid every week on each Monday.
4.1.b. The weekly payments will be for the sum of £________ (________) per week per child.
4.1.c. The first payment shall be made on: ________.
4.1.d. The payments must be made by bank transfer.
4.1.e. The Parties agree that the periodical payments for each Child shall continue until (subject to the rest of the provisions of this Agreement) that Child reaches the age of 18 years or until that Child finishes full-time education (including any tertiary education), whichever is the latest.
4.1.f. The Parties agree that the periodical maintenance payments shall cover:
________
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 and signed by both Parties.
5.1.a. The Parties acknowledge that, in accordance with section 4(10) of the Child Support Act 1991, either Party may apply to the Child Maintenance Service for a maintenance calculation once the period of 12 months beginning with the date on which this Agreement was made has expired.
5.2. Maintenance orders for periodical payments
6. Jurisdiction and governing law
This Agreement shall be governed in accordance with the laws of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction to deal with an 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.
8. Severability of clauses
Each clause and section of this Agreement exists independently of the other clauses and sections of this agreement. Where any section or clause of this deed is held to be unenforceable, it shall not affect the enforceability of any of the other clauses or sections of the Agreement.
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 received independent legal advice, they wish to enter into this agreement as a legally binding deed;
9.4. the Parties understand that there are other financial provisions and forms of maintenance payments which the Court may make which are outside of the matter of child maintenance payments which have not been dealt with under this agreement and neither Party shall be excluded from applying for such additional orders.
10. Execution and signatures
This document has been signed and delivered as a deed by the Parties as follows:
10.1. SIGNED AS A DEED BY ________ on:
Date:
___________________
Signature:
___________________
________
In the presence of:
NAME OF WITNESS:
_________________
SIGNATURE OF WITNESS:
_________________
ADDRESS OF WITNESS:
__________________
OCCUPATION OF WITNESS:
__________________
10.2. SIGNED AS A DEED BY ________ on:
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 competed Section 2 (pages 4 to 19 inclusive) of a financial statement (Form E) and attach those forms below.
Fields you complete are inserted into the document live. This template is general guidance only — not legal advice.