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Post Divorce Agreement Template for England and Wales

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Key Requirements PROMPT example:

Post Divorce Agreement

"I need a Post Divorce Agreement that covers the division of our joint property portfolio and establishes a clean break settlement, with particular focus on pension sharing arrangements following our divorce in January 2025."

Document background
A Post Divorce Agreement is utilized after divorce proceedings have been finalized in England and Wales, typically when parties need to formalize their financial arrangements, property division, and ongoing obligations. This document becomes particularly important when circumstances change or when the original divorce decree didn't fully address all aspects of the separation. It provides a comprehensive framework for managing post-divorce relationships and responsibilities, ensuring both parties have clarity about their rights and obligations. The agreement can address various matters including asset division, maintenance payments, pension sharing, and arrangements for children.
Suggested Sections

1. Parties: Identification and details of both former spouses

2. Background: Details of marriage, divorce decree, and reason for agreement

3. Definitions: Key terms used throughout the agreement

4. Financial Settlement: Terms of any ongoing financial arrangements or clean break

5. Property Division: Division of matrimonial assets and property

Optional Sections

1. Child Arrangements: Used when parties have children under 18, covering custody and access

2. Pension Arrangements: Required when pension sharing or attachment orders are involved

3. Future Inheritance Rights: Used when parties wish to waive future inheritance claims

4. Confidentiality: When parties wish to keep terms private

Suggested Schedules

1. Schedule of Assets: Detailed list of matrimonial assets and their agreed division

2. Property Schedule: Details of real estate and transfer arrangements

3. Child Arrangements Schedule: Detailed parenting plan and contact arrangements

4. Financial Schedule: Payment schedules and financial obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Matrimonial Causes Act 1973: Primary legislation governing divorce in England and Wales. Key sections cover financial orders, maintenance arrangements, and provisions for clean break settlements between divorced parties.

Family Law Act 1996: Legislation covering property and residence matters post-divorce, including occupation rights and transfer of tenancies.

Children Act 1989: Comprehensive legislation dealing with child arrangements post-divorce, including residence, contact, and parental responsibility. Also covers child maintenance obligations and welfare considerations.

Welfare Reform and Pensions Act 1999: Legislation governing pension sharing and attachment orders in divorce settlements, allowing for the division of pension assets between parties.

Matrimonial and Family Proceedings Act 1984: Covers the variation of existing orders and jurisdictional matters in family proceedings, including post-divorce modifications.

Civil Procedure Rules 1998: Procedural framework for civil litigation including enforcement provisions for post-divorce agreements and court orders.

Child Support Act 1991: Legislation establishing the framework for child maintenance calculations and enforcement of child support obligations.

Inheritance (Provision for Family and Dependants) Act 1975: Legislation concerning future inheritance rights and family provision following divorce, including potential claims against former spouse's estate.

Human Rights Act 1998: Incorporates European Convention rights into UK law, particularly relevant for rights to family life and privacy considerations in post-divorce arrangements.

White v White [2000]: Landmark case establishing the principle of equality in division of matrimonial assets, unless there is good reason to depart from equality.

Miller v Miller; McFarlane v McFarlane [2006]: Key cases establishing the three principles of needs, compensation, and sharing in financial settlement decisions.

Teams

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