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Divorce After Separation Agreement
"I need a Divorce After Separation Agreement for a marriage out of community of property, where both parties own separate businesses and have agreed to a clean break with no ongoing maintenance, to be finalized by March 2025."
1. Parties: Identification and details of both spouses entering into the agreement
2. Background: History of the marriage, date of separation, and reasons for divorce
3. Definitions: Definitions of key terms used throughout the agreement
4. Acknowledgment of Separation: Formal recognition of the parties' separation and intention to divorce
5. Basis of Agreement: Statement that this agreement represents a full and final settlement
6. Division of Assets: Comprehensive arrangement for the division of all marital assets
7. Division of Liabilities: Allocation of responsibility for all existing debts and liabilities
8. Maintenance Obligations: Terms of any spousal maintenance/support arrangements
9. Legal Proceedings: Agreement on approach to divorce proceedings and cost allocation
10. General Provisions: Standard clauses including governing law, entire agreement, and amendments
11. Signatures: Execution clause and space for parties' signatures and witnesses
1. Care and Contact of Children: Required when there are minor children, covering custody, visitation, and decision-making rights
2. Child Maintenance: Required when there are minor children, detailing financial support arrangements
3. Pension Sharing: Required when pension interests need to be divided
4. Business Interests: Required when either party owns business interests that need to be addressed
5. International Assets: Required when parties have assets in multiple jurisdictions
6. Future Dispute Resolution: Optional mechanism for resolving future disputes through mediation or arbitration
7. Tax Provisions: Required when there are significant tax implications to be addressed
8. Life Insurance: Required when maintaining life insurance policies is part of the settlement
9. Restraint of Trade: Required when business interests necessitate non-compete provisions
1. Schedule A - Asset Register: Detailed inventory of all marital assets and their agreed values
2. Schedule B - Liability Register: Comprehensive list of all debts and financial obligations
3. Schedule C - Children's Expenses: Detailed breakdown of children's expenses and cost allocation
4. Schedule D - Property Details: Specific details of immovable property including transfer arrangements
5. Schedule E - Maintenance Calculation: Detailed calculation of maintenance amounts and payment terms
6. Appendix 1 - Financial Disclosures: Sworn statements of both parties' financial positions
7. Appendix 2 - Parenting Plan: Detailed plan for co-parenting arrangements if children are involved
8. Appendix 3 - Pension Valuations: Professional valuations of pension interests
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