Divorce Property Division Agreement Template for England and Wales

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Key Requirements PROMPT example:

Divorce Property Division Agreement

"I need a Divorce Property Division Agreement to formalize the division of our London property, pension assets, and joint investment portfolio, with specific provisions for ongoing maintenance payments of £2,000 per month until January 2025."

Document background
The Divorce Property Division Agreement is a crucial document used in divorce proceedings within England and Wales to formalize the division of matrimonial assets between separating spouses. This agreement becomes necessary when couples have decided to divorce and need to establish a clear, legally binding arrangement for dividing their shared assets, including property, finances, pensions, and personal possessions. The document must comply with the Matrimonial Causes Act 1973 and consider the Section 25 factors that courts use when assessing financial settlements. It serves as a comprehensive record of the agreed terms and can be incorporated into a court order to make it legally binding.
Suggested Sections

1. Parties: Identification and details of both divorcing parties

2. Background: Marriage details, separation date, and current divorce status

3. Definitions: Key terms used throughout the agreement

4. Property Division: Details of how matrimonial assets will be divided

5. Financial Settlement: Terms of any lump sum payments or ongoing maintenance

6. Implementation: Timeframes and mechanisms for implementing the agreement

Optional Sections

1. Pension Arrangements: Include when pension sharing or attachment orders are required

2. Business Interests: Include when either party owns business assets

3. Foreign Assets: Include when there are assets in other jurisdictions

4. Children's Provision: Include when there are financial arrangements specific to children

Suggested Schedules

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

2. Property Valuations: Professional valuations of real estate

3. Pension Valuations: Cash equivalent transfer values for pensions

4. Implementation Timetable: Detailed timeline for executing all aspects of the agreement

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 legal definitions
Clauses
Industries

Matrimonial Causes Act 1973: Primary legislation governing divorce financial settlements, particularly Section 25 which outlines factors courts consider when making financial orders, and Sections 23-24 covering financial provision orders and property adjustment orders

Family Law Act 1996: Legislation concerning property rights and occupation in matrimonial homes during and after divorce proceedings

Matrimonial and Family Proceedings Act 1984: Contains provisions for financial relief after foreign divorce proceedings, relevant for international aspects of divorce settlements

Trusts of Land and Appointment of Trustees Act 1996: Governs the handling of jointly owned property and trust arrangements, particularly relevant for matrimonial homes held in joint names

Civil Partnership Act 2004: Legislation providing equivalent rights for civil partners in property division, applicable for same-sex couples

Inheritance (Provision for Family and Dependants) Act 1975: Legislation affecting future inheritance rights and claims following divorce settlements

Welfare Reform and Pensions Act 1999: Contains provisions for pension sharing and splitting in divorce settlements

Family Procedure Rules 2010: Sets out the procedural requirements for financial arrangements in divorce proceedings

White v White [2000]: Landmark case law establishing the principle of equality in divorce settlements

Miller v Miller; McFarlane v McFarlane [2006]: Key case law establishing the three principles of needs, compensation, and sharing in divorce settlements

Radmacher v Granatino [2010]: Leading case law on the treatment of prenuptial agreements in English divorce proceedings

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