A Pre-Divorce Agreement is a crucial document in Irish family law that serves as a comprehensive arrangement between spouses who are planning to divorce. It is typically used during the mandatory separation period required under Irish law before divorce proceedings can commence, which is two years during the previous three years (as per the 2019 constitutional amendment). The agreement covers essential aspects such as property division, maintenance, children's arrangements, pension rights, and other financial matters. It provides clarity and certainty for both parties during their separation and can be incorporated into the final divorce decree. The document must comply with Irish legislation, including the Family Law (Divorce) Act 1996, the Family Law Act 1995, and other relevant statutes. It requires independent legal advice for both parties and careful consideration of all assets and liabilities to ensure a fair and comprehensive agreement.
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1. Parties: Identification and details of both spouses entering into the agreement
2. Background: Brief history of the marriage, current living situation, and intention to separate/divorce
3. Definitions: Definitions of key terms used throughout the agreement
4. Living Apart: Confirmation of living apart arrangements and agreement to continue living separately
5. Non-Molestation and Non-Harassment: Mutual agreements regarding behavior and interaction between parties
6. Family Home: Arrangements regarding ownership, occupation, or disposal of the family home
7. Division of Property: Agreement on division of all matrimonial assets and liabilities
8. Maintenance: Details of spousal maintenance arrangements, including amount, frequency, and duration
9. Children: Arrangements for children including custody, access, education, and child maintenance
10. Tax Matters: Agreement on tax affairs and future tax treatment
11. Future Divorce Proceedings: Agreement regarding future divorce proceedings and using this agreement as basis
12. Legal Representation: Confirmation that both parties have received independent legal advice
13. Governing Law: Specification that the agreement is governed by Irish law
14. Execution: Signature provisions and witnessing requirements
1. Pensions: Details of pension sharing/adjustment orders when parties have pension arrangements
2. Business Interests: Arrangements regarding any shared business interests or company shareholdings
3. Inheritance Rights: Mutual agreement on waiver of inheritance rights when parties wish to address this
4. International Aspects: Additional provisions for couples with international connections or assets abroad
5. Pets: Arrangements for care and custody of family pets
6. Medical Insurance: Provisions regarding continued medical insurance coverage
7. Future Dispute Resolution: Mechanism for resolving future disputes through mediation or other means
8. Religious Divorce: Provisions regarding religious divorce requirements if applicable
9. Social Media and Privacy: Agreements regarding social media behavior and privacy expectations
1. Schedule 1: Property Inventory: Detailed list of all matrimonial assets and their agreed division
2. Schedule 2: Financial Disclosure: Complete financial disclosure from both parties
3. Schedule 3: Children's Arrangements: Detailed parenting plan and access arrangements
4. Schedule 4: Maintenance Calculations: Detailed breakdown of maintenance calculations and payment arrangements
5. Schedule 5: Pension Details: Details of pension arrangements and any agreed pension adjustment orders
6. Schedule 6: Family Home Valuation: Professional valuation of the family home and any agreements regarding its disposal
7. Appendix A: List of Documents: List of all important documents exchanged during negotiation
8. Appendix B: Professional Valuations: Any professional valuations obtained for significant assets
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