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Pre Divorce Agreement Template for England and Wales

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Key Requirements PROMPT example:

Pre Divorce Agreement

"I need a Pre Divorce Agreement for a high-net-worth separation involving international properties and business interests, with particular focus on protecting my technology company shares and ensuring fair division of our properties in London and Dubai."

Document background
A Pre-Divorce Agreement serves as a preliminary arrangement between spouses who are contemplating divorce under the jurisdiction of England and Wales. This document is particularly useful when parties wish to establish clear terms regarding asset division, financial arrangements, and family matters before initiating formal divorce proceedings. While not automatically binding on courts, such agreements carry significant weight following the precedent set in Radmacher v Granatino [2010]. The document typically includes comprehensive financial disclosure, property arrangements, maintenance provisions, and where relevant, child care arrangements. It provides a structured framework for the eventual divorce settlement while potentially reducing costs and emotional stress associated with contested divorce proceedings.
Suggested Sections

1. Parties: Details of both spouses including full names, addresses, and occupations

2. Background: Marriage details, separation circumstances, and purpose of agreement

3. Definitions: Key terms used throughout the agreement

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

5. Property Division: Arrangements regarding matrimonial home and other properties

6. Duration and Review: Term of agreement and circumstances for review

Optional Sections

1. Child Arrangements: Used when parties have children - covers residence, contact, and maintenance arrangements for minor children

2. Pension Provisions: Division of pension assets and arrangements when significant pension assets exist

3. Business Interests: Arrangements regarding jointly owned or affected businesses when parties have business interests

4. International Assets: Provisions for overseas properties or investments when international assets exist

Suggested Schedules

1. Schedule of Assets: Comprehensive list of all matrimonial assets and their agreed values

2. Schedule of Debts: List of all joint and individual debts and liabilities

3. Property Schedule: Details of all properties owned and their proposed division

4. Child Arrangements Schedule: Detailed arrangements for children including contact schedules

5. Financial Disclosure Statements: Forms showing full financial disclosure by both parties

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

Relevant legal definitions






























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Relevant Industries
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Industries

Matrimonial Causes Act 1973: Primary legislation governing divorce proceedings in England and Wales, including financial settlements, maintenance arrangements, and property division principles

Family Law Act 1996: Framework legislation for family law proceedings, including mediation requirements and protection measures for parties involved

Children Act 1989: Legislation focusing on child welfare, residence arrangements, contact provisions, and child maintenance requirements in family proceedings

Matrimonial and Family Proceedings Act 1984: Legislation dealing with jurisdictional issues and financial relief procedures in matrimonial cases

Family Procedure Rules 2010: Detailed procedural requirements and court protocols for family law proceedings in England and Wales

White v White [2000]: Landmark case establishing the equality principle in divorce settlements, stating that there should be no discrimination between breadwinner and homemaker

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

Radmacher v Granatino [2010]: Leading case on the status and enforceability of prenuptial agreements in England and Wales

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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