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Divorce Settlement Agreement

Divorce Settlement Agreement Template for England and Wales

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Key Requirements PROMPT example:

Divorce Settlement Agreement

"I need a Divorce Settlement Agreement for a couple with two minor children, jointly owned property in London, and significant pension assets, where the husband will continue to pay maintenance for the children and spouse for 5 years from January 2025."

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Document background
A Divorce Settlement Agreement is utilized when married couples in England and Wales decide to formalize their separation arrangements. This document becomes particularly crucial following the introduction of no-fault divorce under the Divorce, Dissolution and Separation Act 2020, as it provides a comprehensive framework for recording agreed terms. The agreement typically covers asset division, financial arrangements, pension sharing, and child arrangements where applicable. It serves as a foundation for court orders and helps prevent future disputes by clearly documenting all agreed terms between the parties.
Suggested Sections

1. Parties: Details of both spouses including full names, addresses, and occupations

2. Background: Marriage date, separation date, and relevant circumstances

3. Definitions: Key terms used throughout the agreement

4. Division of Assets: Detailed breakdown of how matrimonial assets will be divided

5. Financial Obligations: Ongoing financial responsibilities including maintenance

6. Clean Break Provisions: Terms preventing future financial claims

Optional Sections

1. Child Arrangements: Used when parties have children under 18, covering custody and access arrangements

2. Pension Sharing: Required when pension assets are to be divided

3. Business Interests: Needed when either party owns business assets

4. International Assets: Required when parties have assets in multiple jurisdictions

5. Future Sale of Property: When property sale is deferred to a future date

Suggested Schedules

1. Schedule of Assets: Comprehensive list of all matrimonial assets and their values

2. Property Schedule: Details of all real estate owned by either party

3. Pension Schedule: Details of pension arrangements and sharing orders

4. Child Arrangements Schedule: Detailed parenting plan and contact arrangements

5. Financial Disclosure Summary: Summary of both parties' financial positions

Authors

Alex Denne

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

alex.den.21@genieai.co
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Matrimonial Causes Act 1973: Primary legislation providing the fundamental framework for divorce, outlining grounds for divorce and setting out the court's powers regarding financial settlements

Divorce, Dissolution and Separation Act 2020: Modern legislation that introduced no-fault divorce in England and Wales (effective from April 2022), changed the divorce application process, and modified terminology and timeframes

Matrimonial and Family Proceedings Act 1984: Legislation governing powers of the court in financial remedy proceedings and jurisdiction issues

Family Law Act 1996: Covers property rights and occupation rights in matrimonial proceedings

Inheritance (Provision for Family and Dependants) Act 1975: Legislation dealing with inheritance rights and their impact post-divorce

Children Act 1989: Comprehensive legislation covering child arrangements, parental responsibility, and child maintenance in divorce cases

Child Support Act 1991: Specific legislation dealing with child maintenance calculations and enforcement provisions

Welfare Reform and Pensions Act 1999: Legislation covering pension sharing provisions and pension attachment orders in divorce settlements

Civil Partnership Act 2004: Legislation relevant for any converted civil partnerships in divorce proceedings

Human Rights Act 1998: Ensures compliance with human rights obligations in divorce proceedings and settlements

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