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Divorce Nesting Agreement Template for England and Wales

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Key Requirements PROMPT example:

Divorce Nesting Agreement

"I need a Divorce Nesting Agreement for a family home in London, where my ex-spouse and I will rotate weekly stays starting March 2025, with specific provisions for our three children's extracurricular activities and a detailed protocol for maintaining our shared garden."

Document background
A Divorce Nesting Agreement becomes necessary when divorcing parents in England and Wales choose to maintain stability for their children by keeping them in the family home while the parents alternate residing there. This arrangement, known as 'nesting' or 'bird's nest custody,' requires detailed documentation of schedules, financial responsibilities, and household management. The agreement must comply with English family law, particularly the Matrimonial Causes Act 1973 and Children Act 1989, and typically includes provisions for rotation schedules, expense sharing, property maintenance, and dispute resolution procedures.
Suggested Sections

1. Parties: Details of the divorcing spouses and any other relevant parties

2. Background: Context of the divorce and reason for nesting arrangement

3. Definitions: Key terms used throughout the agreement

4. Property Details: Specifics of the family home subject to nesting arrangement

5. Rotation Schedule: Schedule of when each parent occupies the family home

6. Financial Responsibilities: Division of household expenses and maintenance costs

Optional Sections

1. Secondary Residence Arrangements: Details of where non-resident parent stays during off-rotation periods

2. Pet Care Arrangements: Arrangements for family pets during rotations and responsibilities for pet care

3. Home Maintenance Protocol: Specific rules and procedures for maintaining the shared space and handling repairs

Suggested Schedules

1. Schedule 1: Rotation Calendar: Detailed calendar showing parent rotation schedule including holidays and special occasions

2. Schedule 2: Expense Allocation: Detailed breakdown of shared expenses and payment responsibilities

3. Schedule 3: Household Inventory: List of shared household items and ownership details

4. Appendix A: House Rules: Agreed rules for maintaining the shared space and conduct while in residence

5. Appendix B: Emergency Contact Information: List of emergency contacts, important service providers, and protocols for emergencies

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 providing the legal framework for divorce proceedings and financial arrangements. Key for property division and financial settlements between divorcing parties.

Children Act 1989: Core legislation governing arrangements for children, establishing the 'best interests of the child' principle. Essential for determining parental responsibility and living arrangements in nesting agreements.

Family Law Act 1996: Legislation covering occupation rights of the family home and domestic arrangements, crucial for establishing nesting arrangement parameters.

Housing Act 1988: Legislation governing rental properties and tenancy rights, relevant when nesting arrangements involve rented accommodation.

Law of Property Act 1925: Fundamental property law legislation governing property ownership and rights, essential for establishing legal framework of shared property use.

Family Procedure Rules 2010: Procedural requirements and guidelines for family arrangements, providing framework for implementing and modifying nesting agreements.

Human Rights Act 1998: Legislation protecting right to family life and peaceful enjoyment of property, must be considered in nesting arrangements.

Trusts of Land and Appointment of Trustees Act 1996: Legislation governing property held in trust, relevant for complex property arrangements in nesting agreements.

Child Support Act 1991: Legislation governing financial support for children, crucial for establishing maintenance arrangements in nesting agreements.

Welfare Reform Act 2009: Legislation impacting financial arrangements and benefits, relevant for overall financial planning in nesting agreements.

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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