Divorce Waiver Template for Hong Kong

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Key Requirements PROMPT example:

Divorce Waiver

"I need a Hong Kong law Divorce Waiver where my client will waive all financial claims to her spouse's family business interests and overseas properties, with the waiver to take effect from March 1, 2025."

Document background
The Divorce Waiver is a crucial document in Hong Kong divorce proceedings where one party wishes to formally surrender certain rights or claims against their spouse. This document is particularly important in situations involving high-net-worth individuals, complex asset structures, or international elements. The waiver must comply with Hong Kong's matrimonial laws, particularly the Matrimonial Causes Ordinance and Matrimonial Proceedings and Property Ordinance. It requires careful drafting to ensure all waived rights are clearly specified, supported by independent legal advice, and executed with full understanding of the implications. The Divorce Waiver typically includes comprehensive details about financial claims, property rights, maintenance, and other matrimonial assets being waived, along with necessary declarations and certifications to ensure its validity under Hong Kong law.
Suggested Sections

1. Parties: Identification of both spouses with full legal names and addresses

2. Background: Brief history of marriage, divorce proceedings status, and context for the waiver

3. Definitions: Key terms used throughout the document, including legal terminology and specific assets or rights referenced

4. Acknowledgment of Independent Legal Advice: Confirmation that both parties have received independent legal advice about the implications of the waiver

5. Scope of Waiver: Detailed description of all rights, claims, and entitlements being waived

6. Financial Claims Waiver: Specific waiver of financial claims including maintenance, property division, and other monetary claims

7. Voluntary Execution: Declaration that the waiver is being executed voluntarily and without duress

8. Governing Law: Specification that Hong Kong law governs the waiver

9. Severability: Provision stating that if any part of the waiver is found invalid, the rest remains effective

10. Entire Agreement: Statement that this document represents the complete agreement regarding the waived rights

Optional Sections

1. Children's Matters: Required if there are children involved - specifies any arrangements or rights being waived regarding children

2. Pension Rights: Required if pension or MPF rights are being waived

3. Business Interests: Required if either party has business interests that are subject to the waiver

4. Future Claims: Optional section specifically addressing potential future claims or inheritance rights

5. Confidentiality: Optional section if parties wish to keep the terms of the waiver confidential

6. Foreign Property: Required if there are overseas assets involved in the waiver

7. Revival Rights: Optional section specifying any circumstances under which waived rights might be revived

Suggested Schedules

1. Schedule A - Asset List: Comprehensive list of assets covered by the waiver

2. Schedule B - Financial Disclosure: Summary of financial positions of both parties at the time of waiver

3. Schedule C - Existing Court Orders: List of any existing court orders or proceedings relevant to the waiver

4. Appendix 1 - Certificate of Independent Legal Advice: Signed certificates from lawyers confirming independent legal advice

5. Appendix 2 - Supporting Documents: Copies of relevant documents referenced in the waiver

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

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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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