Mediation Separation Agreement Template for England and Wales

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Key Requirements PROMPT example:

Mediation Separation Agreement

"I need a Mediation Separation Agreement to formalize the separation from my spouse, including arrangements for our shared property in London and joint custody of our two children, with the separation to take effect from March 2025."

Document background
The Mediation Separation Agreement is a crucial document for couples seeking to separate through mediation in England and Wales. It provides a structured framework for documenting decisions reached during mediation sessions regarding financial arrangements, property division, and child-related matters. This agreement type is particularly valuable when parties wish to avoid costly court proceedings while maintaining control over their separation terms. The document typically results from several mediation sessions and can be reviewed by independent legal advisors before signing. It forms the basis for any subsequent court orders and provides clear evidence of the parties' intentions and agreements.
Suggested Sections

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

2. Background: Brief history of relationship and circumstances leading to separation

3. Definitions: Key terms used throughout the agreement

4. Separation Declaration: Formal statement of intention to live separately

5. Financial Arrangements: Division of assets, debts, and ongoing financial responsibilities

6. Living Arrangements: Details of who will live where and property division

Optional Sections

1. Children Arrangements: Details of custody, access, and maintenance - include when the separating couple has children

2. Pension Provisions: Division of pension assets - include when either party has significant pension assets

3. Business Interests: Division or handling of shared business interests - include when parties have shared business interests

4. International Elements: Provisions for international assets or arrangements - include when either party has international assets or connections

Suggested Schedules

1. Schedule of Assets: Detailed list of all assets owned by both parties

2. Schedule of Debts: Detailed list of all liabilities

3. Property Inventory: Detailed list of contents of shared properties and their division

4. Parenting Plan: Detailed arrangements for children including contact schedules

5. Financial Disclosure Statements: Full financial disclosure from both parties

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
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Matrimonial Causes Act 1973: Primary legislation providing the legal framework for divorce and separation, including guidelines for financial provision and property division

Family Law Act 1996: Contains Part III regarding mediation and provisions for non-molestation and occupation orders in separation cases

Children Act 1989: Essential legislation for cases involving children, covering child arrangements, welfare considerations, and parental responsibility

Civil Procedure Rules 1998: Contains Practice Direction on Pre-Action Conduct and specific requirements for mediation before court proceedings

Family Procedure Rules 2010: Governs Mediation Information and Assessment Meetings (MIAMs) and establishes court procedures for family matters

Matrimonial and Family Proceedings Act 1984: Addresses jurisdiction issues and financial relief in matrimonial proceedings

Human Rights Act 1998: Ensures consideration of right to family life and privacy in separation agreements

Civil Partnership Act 2004: Legislation relevant for separation agreements involving same-sex partnerships

Family Mediation Council Standards: Professional standards and guidelines for conducting family mediation in England and Wales

Resolution Code of Practice: Professional guidelines for family law practitioners handling separation and divorce cases

Common Law Precedents: Relevant case law and judicial precedents affecting the validity and enforcement of separation agreements

Tax Legislation: Considerations for Capital Gains Tax and other tax implications in property and asset division

Pension Sharing Regulations: Rules governing the division and sharing of pension assets in separation agreements

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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