Consent Agreement Divorce Template for England and Wales

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Key Requirements PROMPT example:

Consent Agreement Divorce

"I need a Consent Agreement Divorce to document the financial settlement between myself and my spouse, including the division of our family home in London, two investment properties, and pension arrangements, with specific provisions for our two children aged 8 and 10."

Document background
The Consent Agreement Divorce is a crucial document in divorce proceedings within England and Wales, typically prepared after the divorce petition has been filed but before the final divorce order (decree absolute) is granted. It transforms the spouses' mutual agreement into a legally binding order that covers financial settlements, property division, pension sharing, and arrangements for children. This agreement must comply with the Matrimonial Causes Act 1973 and requires court approval to become enforceable. It's particularly important as it provides clarity and certainty for both parties and can prevent future disputes or claims.
Suggested Sections

1. 1. Parties: Details of both parties to the divorce, including full names and addresses

2. 2. Background: Brief history of marriage, separation, and divorce proceedings

3. 3. Definitions: Key terms used throughout the agreement

4. 4. Financial Settlement: Core terms of the financial settlement between parties

5. 5. Clean Break Provisions: Terms preventing future financial claims between parties

Optional Sections

1. Child Arrangements: Include when there are children of the marriage - covers residence, contact, and maintenance arrangements for children under 18

2. Pension Sharing: Details of any pension sharing arrangements between the parties, including implementation periods and charges

3. Property Transfer: Terms for transfer of property ownership including timing, costs, and any charges to be cleared

Suggested Schedules

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

2. Schedule 2: Property Details: Details of any properties involved in the settlement including addresses and title numbers

3. Appendix A: Form D81: Statement of Information for a Consent Order in relation to financial remedy

4. Appendix B: Pension Report: Actuarial assessment of pension values and sharing calculations

Authors

Alex Denne

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

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Matrimonial Causes Act 1973: Primary legislation governing divorce in England and Wales, particularly sections 23-25 regarding financial provision, section 25A regarding clean break provisions, and section 33A regarding pension sharing arrangements

Family Law Act 1996: Key legislation covering domestic proceedings and regulations regarding occupation of the matrimonial home during and after divorce proceedings

Children Act 1989: Crucial legislation when children are involved in divorce, covering Section 8 orders (child arrangements) and financial provision for children

Matrimonial and Family Proceedings Act 1984: Legislation governing procedural aspects of divorce proceedings in England and Wales

Family Procedure Rules 2010: Secondary legislation detailing court procedures, particularly Part 9 regarding financial proceedings and Form D81 (Statement of Information)

Pension Sharing Regulations 2000: Specific regulations governing the implementation and discharge of liability in pension sharing arrangements during divorce

Civil Procedure Rules: General rules governing civil court proceedings which may be relevant to divorce proceedings

Case Law on Financial Settlements: Relevant court precedents that guide the interpretation and application of divorce laws, particularly regarding financial settlements

HMRC Tax Regulations: Tax implications and regulations that need to be considered in divorce settlements and asset transfers

Land Registration Act 2002: Legislation relevant when property transfer is involved in the divorce settlement, governing the registration and transfer of land ownership

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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