Final Divorce Agreement Template for England and Wales

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Key Requirements PROMPT example:

Final Divorce Agreement

"I need a Final Divorce Agreement for a couple with two children and significant pension assets, where the matrimonial home will be sold and proceeds split 60/40, with implementation to begin from March 2025."

Document background
A Final Divorce Agreement is used when divorcing couples in England and Wales have reached a settlement on all aspects of their separation. This comprehensive document details the division of assets, financial arrangements, pension sharing, and if relevant, child arrangements. It must comply with the Matrimonial Causes Act 1973 and recent reforms under the Divorce, Dissolution and Separation Act 2020. Once approved by the court, it becomes a binding court order that provides certainty and finality to both parties.
Suggested Sections

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

2. Background: Marriage date, separation date, divorce proceedings reference, and relevant background information

3. Definitions: Key terms used throughout the agreement including defined terms for assets, properties, and relevant concepts

4. Financial Settlement: Comprehensive terms for division of assets, property, and ongoing financial obligations between the parties

5. Clean Break Provisions: Terms preventing future financial claims between the parties and confirming the finality of the settlement

Optional Sections

1. Child Arrangements: Details of custody, access, maintenance and other arrangements relating to children of the marriage

2. Pension Sharing: Specific provisions for the division of pension assets including implementation timeframes

3. Business Interests: Provisions dealing with the division or protection of business assets and ongoing business relationships

Suggested Schedules

1. Schedule of Assets: Comprehensive list of all matrimonial assets with agreed values and division arrangements

2. Property Schedule: Detailed information about real estate properties including agreed valuations and transfer arrangements

3. Child Arrangements Schedule: Detailed schedule of contact arrangements, holidays, and special occasions regarding children

4. Pension Sharing Annex: Technical details and formal requirements for implementing pension sharing orders

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
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Matrimonial Causes Act 1973: Primary legislation governing divorce proceedings, financial settlements, and related matters in England and Wales. Sets out the court's powers regarding financial provision and property adjustment.

Divorce, Dissolution and Separation Act 2020: Introduced no-fault divorce in England and Wales, removing the requirement to prove fault-based facts and allowing joint applications for divorce.

Marriage (Same Sex Couples) Act 2013: Legislation that legalized same-sex marriage and ensures equal treatment in divorce proceedings for same-sex couples.

Civil Partnership Act 2004: Governs the dissolution of civil partnerships and ensures parallel provisions to marriage for same-sex and opposite-sex civil partners.

Matrimonial and Family Proceedings Act 1984: Provides additional powers to the court in matrimonial proceedings and deals with financial relief after overseas divorces.

Family Law Act 1996: Contains provisions relating to domestic proceedings, property rights, and occupation of the family home.

Children Act 1989: Crucial legislation governing arrangements for children, including residence, contact, and financial provision for children in divorce cases.

Welfare Reform and Pensions Act 1999: Contains provisions for pension sharing and attachment orders in divorce proceedings.

Inheritance (Provision for Family and Dependants) Act 1975: Relevant for considering future inheritance rights and claims following divorce.

Family Procedure Rules 2010: Sets out the procedural rules and requirements for family proceedings, including divorce cases.

Practice Directions: Supplementary guidelines to the Family Procedure Rules 2010, providing detailed procedures and requirements for divorce proceedings.

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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