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Pre Divorce Agreement Template for United States

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Key Requirements PROMPT example:

Pre Divorce Agreement

"Need a Pre Divorce Agreement to handle the separation of our tech startup valued at $2.5M, including IP rights and stock options, with no children involved and both parties continuing to work in the business through January 2025."

Document background
A Pre-Divorce Agreement serves as a crucial preliminary step in the divorce process within the United States legal system. This document is particularly valuable when spouses wish to establish clear terms regarding property division, financial responsibilities, and family arrangements before initiating formal divorce proceedings. The agreement typically includes detailed provisions for asset distribution, debt allocation, support obligations, and custody arrangements if children are involved. While requirements vary by state, a properly executed Pre-Divorce Agreement can significantly reduce conflict and complexity during the subsequent divorce process.
Suggested Sections

1. Parties: Identification of both spouses, including full legal names and current addresses

2. Background: Details of marriage, date of separation, and reason for agreement

3. Definitions: Key terms used throughout the agreement

4. Division of Property: Detailed allocation of marital assets and debts

5. Living Arrangements: Details regarding separate residences and any temporary arrangements

6. Financial Obligations: Ongoing financial responsibilities including bill payments and maintenance

7. Governing Law: Specification of applicable state law

Optional Sections

1. Child Custody and Support: Required if couple has minor children - includes custody arrangements, visitation schedules, and child support calculations

2. Spousal Support: Terms of alimony or maintenance payments, including amount, duration, and conditions for modification

3. Insurance Provisions: Arrangements for health, life, and other insurance policies, including beneficiary designations

4. Tax Considerations: Agreement on tax filing status, deductions, and allocation of tax liabilities

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all marital assets with current market values

2. Schedule B - Debt Inventory: Detailed list of all marital debts and obligations with current balances

3. Schedule C - Child Custody Schedule: Detailed visitation and custody calendar including holidays and special occasions

4. Schedule D - Property Valuations: Professional valuations of significant assets including real estate and businesses

5. Schedule E - Financial Statements: Current financial statements of both parties including income, expenses, and assets

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

Clauses






























Industries

State-Specific Family Laws: Core state legislation governing divorce proceedings, including property division rules (community property vs. equitable distribution), state-specific requirements for separation agreements, and state rules regarding child custody and support

Federal Tax Laws - Internal Revenue Code: Federal tax implications of divorce, including filing status changes, dependency exemptions, and tax treatment of property transfers and support payments

ERISA: Employee Retirement Income Security Act governing the division of retirement accounts and pension benefits in divorce

QDRO Regulations: Qualified Domestic Relations Orders regulations for the division of qualified retirement plans and pension benefits

UCCJEA: Uniform Child Custody Jurisdiction and Enforcement Act establishing jurisdiction for child custody matters across state lines

State Child Support Guidelines: State-specific guidelines and calculations for determining appropriate child support amounts and payment structures

State Property Laws: Laws governing the classification, valuation, and division of marital and separate property, including real estate and personal property

Contract Law Principles: Basic contract requirements including consideration, capacity, voluntary execution, and enforcement mechanisms for private agreements

Domestic Violence Laws: State and federal laws addressing domestic violence, including protection orders and their impact on custody and property arrangements

Banking and Financial Regulations: Laws governing the division and transfer of financial accounts, investments, and other monetary assets during divorce

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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