Divorce After Separation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Divorce After Separation Agreement

"I need a Divorce After Separation Agreement that covers the division of our London property and pension arrangements, with a clean break settlement and no children involved, following our separation in January 2025."

Document background
The Divorce After Separation Agreement is utilized when married couples in England and Wales have been living separately and wish to formalize their divorce arrangements. This document becomes particularly relevant under the no-fault divorce system introduced by the Divorce, Dissolution and Separation Act 2020. It comprehensively addresses asset division, financial settlements, pension arrangements, and where applicable, child custody matters. The agreement serves as a crucial tool for ensuring clarity and legal certainty in divorce proceedings, helping prevent future disputes and providing a clear framework for both parties moving forward.
Suggested Sections

1. Parties: Details of both parties to the divorce agreement

2. Background: Marriage date, separation date, and relevant circumstances

3. Definitions: Key terms used throughout the agreement

4. Property Division: Distribution of matrimonial home and other property assets

5. Financial Settlement: Agreement on financial matters including lump sums and maintenance

6. Clean Break Provisions: Terms preventing future financial claims

Optional Sections

1. Child Arrangements: Provisions for custody, access, and maintenance when parties have children under 18

2. Pension Sharing: Division of pension assets when significant pension assets exist

3. Business Interests: Division or protection of business assets when either party owns business interests

4. International Assets: Provisions for overseas property or assets when parties have international assets

Suggested Schedules

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

2. Property Schedule: Details of real estate properties and their disposition

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

4. Child Arrangements Schedule: Detailed arrangements for children including contact schedules

5. Pension Sharing Annexe: Technical details of pension sharing arrangements

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

Divorce, Dissolution and Separation Act 2020: Key modern legislation that introduced no-fault divorce in England and Wales (effective April 2022). Removes requirement to prove grounds for divorce, changes terminology and timeframes for divorce proceedings.

Matrimonial Causes Act 1973: Fundamental legislation providing the framework for divorce in England and Wales, including provisions for financial settlements and court powers regarding matrimonial property.

Family Law Act 1996: Legislation covering domestic occupation rights, protection orders, and mediation considerations in family law matters.

Children Act 1989: Primary legislation governing matters relating to children in divorce cases, including child arrangements, parental responsibility, and the paramount importance of child welfare.

Matrimonial and Family Proceedings Act 1984: Legislation dealing with financial relief provisions and jurisdictional matters in divorce proceedings.

Family Procedure Rules 2010: Procedural rules governing family proceedings in courts of England and Wales, including divorce procedures and related matters.

Tax Considerations: Various tax implications that need to be considered in divorce settlements, particularly regarding Capital Gains Tax and property transfers.

Pension Regulations: Regulations governing pension sharing and splitting in divorce settlements, including the treatment of private, state, and workplace pensions.

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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