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Private Divorce Agreement Template for England and Wales

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Key Requirements PROMPT example:

Private Divorce Agreement

"I need a Private Divorce Agreement that covers the division of our family home in London and arrangements for our two teenage children, with specific provisions for international travel as my spouse is relocating to France in March 2025."

Document background
A Private Divorce Agreement is essential when spouses in England and Wales wish to formalize their separation arrangements outside of court proceedings. This document becomes particularly relevant following the introduction of no-fault divorce in April 2022, offering a more amicable approach to divorce settlements. The agreement typically covers asset division, financial arrangements, pension sharing, and children's arrangements if applicable. While not automatically legally binding, courts generally uphold such agreements if they are properly drafted and both parties received independent legal advice.
Suggested Sections

1. Parties: Details of both spouses entering into the agreement

2. Background: Marriage date, separation date, and reason for agreement

3. Definitions: Key terms used throughout the agreement

4. Division of Assets: Agreement on division of property, savings, and investments

5. Financial Obligations: Ongoing financial responsibilities including maintenance

6. Clean Break Provisions: Terms preventing future financial claims

Optional Sections

1. Children Arrangements: Provisions covering custody, access, and maintenance of children under 18

2. Pension Sharing: Details of pension division arrangements between the parties

3. Business Interests: Provisions covering the division of business assets and interests

4. International Assets: Provisions dealing with overseas property or assets in other jurisdictions

Suggested Schedules

1. Schedule 1: Asset Schedule: Detailed list of all matrimonial assets and their agreed values

2. Schedule 2: Property Details: Details of all properties owned and their agreed disposition

3. Schedule 3: Financial Disclosure: Summary of both parties' financial positions

4. Appendix A: Children's Arrangements: Detailed parenting plan including visitation schedules and special arrangements

5. Appendix B: Pension Documentation: Pension sharing orders and valuations

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

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Matrimonial Causes Act 1973: Primary legislation governing divorce proceedings in England and Wales, establishing grounds for divorce and financial settlement principles

Divorce, Dissolution and Separation Act 2020: Introduced no-fault divorce reform in England and Wales from April 2022, removing the need to prove fault-based grounds for divorce

Matrimonial and Family Proceedings Act 1984: Provides framework for handling financial relief after overseas divorces and other family proceedings

Family Law Act 1996: Covers various aspects of family law including domestic violence protection and occupation of the family home

Children Act 1989: Comprehensive framework for dealing with children's welfare in divorce cases, including residence and contact arrangements

Matrimonial Property Act 1970: Deals with rights and ownership of matrimonial property during and after marriage

Inheritance (Provision for Family and Dependants) Act 1975: Enables financial provision from deceased's estate for family members and dependants, relevant for divorce settlements

Welfare Reform and Pensions Act 1999: Contains provisions for pension sharing and attachment orders in divorce proceedings

Family Procedure Rules 2010: Sets out the procedural rules governing family proceedings in courts of England and Wales

No-Fault Divorce Reform 2022: Recent reform implementing new divorce procedures removing the need to prove fault, with updated court procedures and timelines

Tax Considerations: Relevant tax implications including Capital Gains Tax and Stamp Duty that need to be considered in divorce settlements

Pension Sharing Regulations: Specific regulations governing how pensions can be divided and transferred between divorcing parties

Teams

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