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Property Agreement Divorce

Property Agreement Divorce Template for Ireland

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Key Requirements PROMPT example:

Property Agreement Divorce

"I need a Property Agreement Divorce to handle the division of our family home in Dublin and two investment properties, with completion of all transfers by March 2025; I'll be taking the family home while my spouse gets the investment properties."

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Document background
The Property Agreement Divorce is a crucial document in Irish divorce proceedings, used when divorcing couples need to formalize the division of their property assets. It is particularly relevant when the parties have significant property holdings, including family homes, investment properties, or international real estate. The agreement must comply with Irish family law legislation, particularly the Family Law (Divorce) Act 1996, and requires careful consideration of property valuation, mortgage obligations, and tax implications. This document serves as a binding agreement that can be presented to the court during divorce proceedings and provides a clear framework for implementing the agreed property division.
Suggested Sections

1. Parties: Identification and details of both divorcing parties

2. Background: Brief history of the marriage, divorce proceedings reference, and context for the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Family Home: Detailed provisions regarding the disposition of the family home, including transfer or sale arrangements

5. Property Division: General principles and methodology for division of all property assets

6. Financial Considerations: Treatment of joint accounts, savings, investments, and other financial assets

7. Mutual Release: Provisions releasing each party from future claims on divided properties

8. Tax Implications: Acknowledgment and allocation of tax liabilities arising from property transfers

9. Implementation: Timeframes and procedures for implementing the property transfers

10. Governing Law: Confirmation of Irish law as governing law and jurisdiction

11. Execution: Signature blocks and witnessing requirements

Optional Sections

1. Investment Properties: Section dealing with buy-to-let or investment properties, included when such properties exist

2. Foreign Properties: Provisions for properties located outside Ireland, included when international assets exist

3. Business Premises: Provisions relating to business properties owned jointly or separately, included when applicable

4. Mortgage Arrangements: Specific provisions for handling existing mortgages, included when properties are mortgaged

5. Third Party Rights: Provisions addressing rights of third parties (e.g., adult children living in properties), included when relevant

6. Future Sale Provisions: Arrangements for future sale of retained properties, included when parties agree to delayed sale

7. Property Management: Interim arrangements for property management during transition period, included when needed

Suggested Schedules

1. Schedule 1 - Property Inventory: Comprehensive list of all properties included in the agreement with their current market valuations

2. Schedule 2 - Family Home Details: Detailed description of family home, including title details and any encumbrances

3. Schedule 3 - Financial Summary: Summary of all financial aspects related to the properties, including mortgages and loans

4. Schedule 4 - Transfer Timeline: Detailed timeline for all property transfers and related actions

5. Appendix A - Property Valuations: Professional valuations for all properties included in the agreement

6. Appendix B - Title Documents: Copies of relevant title documents and land registry entries

7. Appendix C - Mortgage Documents: Copies of relevant mortgage documents and lender consents

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Business Day
Completion Date
Court Order
Decree of Divorce
Effective Date
Encumbrance
Family Home
Family Law Acts
Financial Institution
Investment Property
Land Registry
Matrimonial Property
Mortgage
Property
Property Registration Authority
Purchase Price
Registry of Deeds
Relevant Property
Separate Property
Settlement Date
Spouse
Title Documents
Transfer Date
Valuation
Working Day
Joint Assets
Matrimonial Home
Permitted Encumbrances
Property Rights
Secured Obligations
Transfer Documents
Valuation Report
Relevant Industries

Legal Services

Real Estate

Financial Services

Property Management

Banking

Professional Services

Family Law

Relevant Teams

Legal

Property

Financial Advisory

Conveyancing

Family Law

Real Estate

Documentation

Compliance

Administrative Support

Relevant Roles

Family Law Solicitor

Property Lawyer

Divorce Attorney

Legal Executive

Property Valuer

Financial Advisor

Mortgage Advisor

Conveyancing Solicitor

Tax Consultant

Legal Administrator

Court Registrar

Property Manager

Industries
Family Law (Divorce) Act 1996: Primary legislation governing divorce in Ireland, including provisions for property division and financial orders between divorcing spouses
Family Home Protection Act 1976: Legislation protecting the family home and requiring consent of both spouses for its sale or transfer
Family Law Act 1995: Provides framework for property division, maintenance orders, and financial relief in family law proceedings
Land and Conveyancing Law Reform Act 2009: Governs the transfer and registration of property rights and interests in Ireland
Registration of Title Act 1964: Regulates the registration of property titles and dealings with registered land
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010: Relevant for property rights in civil partnerships and certain cohabiting relationships
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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