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Divorce Property Division Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Divorce Property Division Agreement

"I need a Divorce Property Division Agreement under Hong Kong law to document the division of our matrimonial home in Mid-Levels and joint financial assets, with completion of all transfers by March 2025."

Document background
A Divorce Property Division Agreement is a crucial document used in Hong Kong divorce proceedings to formalize the division of matrimonial assets between separating spouses. This agreement is particularly important in Hong Kong's jurisdiction, where the courts place significant weight on properly documented property settlements. The document must comply with the Matrimonial Proceedings and Property Ordinance (Cap. 192) and related Hong Kong legislation, making it essential for both contested and uncontested divorces. It typically includes comprehensive details about the division of real estate, financial assets, pensions, personal property, and the allocation of joint liabilities. The agreement serves as a binding document that can be incorporated into the final divorce decree and is often referenced in future legal proceedings or property transfers.
Suggested Sections

1. Parties: Identification and details of both parties to the agreement

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

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

4. Division of Matrimonial Home: Detailed arrangements for the primary residence, including transfer of ownership or sale provisions

5. Division of Bank Accounts and Cash: Distribution of joint and individual bank accounts, savings, and cash assets

6. Division of Investments: Distribution of shares, bonds, mutual funds, and other investment vehicles

7. Pension and Retirement Benefits: Arrangement for division of pension funds and retirement benefits

8. Personal Property: Division of personal effects, furniture, vehicles, and household items

9. Outstanding Debts and Liabilities: Allocation of responsibility for joint debts, mortgages, and other liabilities

10. Implementation: Timeframes and procedures for implementing the property division

11. Tax Considerations: Handling of tax liabilities and responsibilities

12. Dispute Resolution: Procedures for resolving any disputes arising from the agreement

13. Governing Law: Confirmation of Hong Kong law as governing law and jurisdiction

Optional Sections

1. Business Interests: Division of business assets and shares when parties have joint business interests

2. Overseas Properties: Arrangements for properties located outside Hong Kong

3. Trust Arrangements: Provisions relating to trust properties or creation of new trusts

4. Maintenance Provisions: Ongoing financial support arrangements if agreed as part of property settlement

5. Children's Property Trust: Special arrangements for property held for benefit of children

6. Intellectual Property Rights: Division of intellectual property assets if applicable

7. Future Assets: Treatment of assets acquired after separation but before divorce finalization

Suggested Schedules

1. Schedule 1 - Real Property: Detailed list of all real estate properties with their valuations and agreed disposition

2. Schedule 2 - Bank Accounts: Complete list of all bank accounts with account numbers and agreed division

3. Schedule 3 - Investment Portfolio: Detailed inventory of all investment assets with current valuations

4. Schedule 4 - Personal Property: Itemized list of personal property and agreed allocation

5. Schedule 5 - Outstanding Loans and Liabilities: Comprehensive list of all debts and payment responsibilities

6. Schedule 6 - Implementation Timeline: Detailed timeline for executing all transfers and divisions

7. Appendix A - Property Valuations: Professional valuations of major assets

8. Appendix B - Financial Disclosure Statements: Sworn financial statements from 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

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Legal Services

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Legal

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Document Production

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Relevant Roles

Family Law Partner

Divorce Lawyer

Legal Associate

Paralegal

Mediator

Financial Advisor

Wealth Manager

Property Valuer

Tax Consultant

Legal Secretary

Trust Officer

Family Court Judge

Property Lawyer

Conveyancing Lawyer

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