Pre Divorce Separation Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Pre Divorce Separation Agreement

"I need a Pre-Divorce Separation Agreement for a couple with significant assets including properties in both Hong Kong and Singapore, multiple joint business ventures, and shared investment portfolios, with the separation planned to take effect from January 2025."

Document background
The Pre-Divorce Separation Agreement is a crucial document for married couples in Hong Kong who have decided to live separately but are not yet ready or willing to commence divorce proceedings. This agreement, while not mandatory under Hong Kong law, provides important legal protection and clarity during the separation period. It typically includes comprehensive arrangements for property division, financial responsibilities, living arrangements, and where applicable, children's matters. The document is particularly valuable in Hong Kong's complex property and financial environment, helping to prevent future disputes and establishing clear expectations for both parties. While not automatically binding on a subsequent divorce court, the agreement often serves as a foundation for final divorce arrangements and demonstrates the parties' intentions during their separation period. The document must comply with Hong Kong's legal framework, particularly the Matrimonial Causes Ordinance (Cap. 179) and the Matrimonial Proceedings and Property Ordinance (Cap. 192).
Suggested Sections

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

2. Background: Brief history of the marriage, date of separation, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Living Arrangements: Details of separate living arrangements, including property occupation rights

5. Financial Arrangements: Agreement on division of daily expenses, bills, and joint financial responsibilities

6. Maintenance: Terms of any spousal maintenance payments

7. Division of Property: Interim arrangements for shared property and assets

8. Bank Accounts: Management of joint accounts and financial separation

9. Confidentiality: Terms regarding privacy and disclosure of agreement details

10. Future Divorce Proceedings: Understanding regarding future divorce and how this agreement will be treated

11. Governing Law: Confirmation that Hong Kong law governs the agreement

12. Dispute Resolution: Process for resolving any disputes about the agreement

13. General Provisions: Standard contractual terms including severability and entire agreement

Optional Sections

1. Children Arrangements: Used when the couple has children - covers custody, care and control, access arrangements, and child maintenance

2. Pets: Used when there are shared pets - details care arrangements and responsibilities

3. Business Interests: Used when spouses have shared business interests - covers interim management and control

4. Foreign Assets: Used when there are assets in other jurisdictions - specifies handling of overseas properties/investments

5. Domestic Help: Used when the couple employs domestic helpers - covers employment continuation and responsibilities

6. Insurance Policies: Used when there are joint insurance policies - covers maintenance and beneficiary arrangements

7. Religious Requirements: Used for couples requiring specific religious considerations in their separation

8. Social Media and Privacy: Used when specific social media behavior and online privacy terms need to be established

Suggested Schedules

1. Schedule 1 - Assets and Liabilities: Comprehensive list of all joint and separate assets and liabilities

2. Schedule 2 - Monthly Budget: Detailed breakdown of shared expenses and payment responsibilities

3. Schedule 3 - Property Inventory: Inventory of household items and their agreed division

4. Schedule 4 - Children's Schedule: Detailed parenting schedule including holidays and special occasions

5. Schedule 5 - Insurance Policies: List of all insurance policies and agreed arrangements

6. Appendix A - Financial Disclosure: Financial statements from both parties

7. Appendix B - Property Valuations: Professional valuations of significant assets

8. Appendix C - Children's Information: Details of children's schools, medical needs, and special 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 legal definitions
Clauses
Relevant Industries

Legal Services

Family Law

Private Wealth Management

Real Estate

Financial Services

Professional Services

Insurance

Private Client Services

Relevant Teams

Legal

Family Law

Private Client

Wealth Management

Dispute Resolution

Property

Corporate Support

Risk & Compliance

Document Processing

Client Relations

Relevant Roles

Family Law Partner

Family Law Associate

Legal Assistant

Paralegal

Mediator

Private Client Advisor

Wealth Manager

Family Office Manager

Property Lawyer

Tax Advisor

Financial Planner

Estate Planning Advisor

Compliance Officer

Risk Management Officer

Industries
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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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