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Divorce Waiver

Divorce Waiver Template for Ireland

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Key Requirements PROMPT example:

Divorce Waiver

"I need a Divorce Waiver under Irish law to be finalized by March 2025, covering the waiver of rights to a family business and international properties in France and Spain, with specific provisions for protecting intellectual property rights developed during the marriage."

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Document background
A Divorce Waiver is a crucial document in Irish divorce proceedings that formalizes the voluntary renunciation of certain legal rights between separating spouses. This document becomes relevant when parties wish to create a clean break in their divorce settlement, preventing future claims against each other's assets or estates. The waiver must comply with Irish family law, particularly the Family Law (Divorce) Act 1996 and subsequent amendments, and requires both parties to receive independent legal advice before execution. It typically includes detailed provisions about financial matters, property rights, pension entitlements, and succession rights, often accompanied by comprehensive schedules of assets and obligations. The document's validity depends on full disclosure by both parties and adherence to strict legal requirements under Irish law.
Suggested Sections

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

2. Background: Brief history of the marriage, including date of marriage, separation status, and context for the waiver

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

4. Independent Legal Advice: Confirmation that both parties have received independent legal advice before signing the waiver

5. Scope of Waiver: Clear outline of all rights and claims being waived by each party

6. Financial Claims: Specific waiver of financial claims including maintenance, pension rights, and other financial entitlements

7. Property Rights: Waiver of rights relating to property, including the family home and other real estate

8. Succession Rights: Waiver of inheritance rights and other succession-related claims

9. Future Claims: Waiver of right to make future claims against the other party's estate or assets

10. Severability: Provision stating that if any part of the waiver is found invalid, the remainder continues in effect

11. Governing Law: Confirmation that the waiver is governed by Irish law

12. Execution: Signature blocks with witness requirements and date

Optional Sections

1. Business Interests: Waiver of rights relating to business assets or enterprises - include when either party owns a business

2. International Assets: Specific provisions for assets located outside Ireland - include when there are foreign properties or investments

3. Intellectual Property: Waiver of rights to intellectual property - include when either party has significant IP assets

4. Future Inheritance: Specific provisions regarding potential future inheritances - include when substantial inheritances are expected

5. Children's Matters: Statement that the waiver does not affect child maintenance obligations - include when there are children of the marriage

6. Tax Indemnity: Provisions regarding tax liabilities and indemnities - include when there are significant tax implications

7. Confidentiality: Provisions regarding privacy and non-disclosure - include when parties want to maintain privacy

Suggested Schedules

1. Schedule 1: Asset Schedule: Comprehensive list of all assets owned by both parties individually and jointly

2. Schedule 2: Property Details: Detailed information about real estate properties including the family home

3. Schedule 3: Financial Obligations: List of all financial obligations and debts of both parties

4. Schedule 4: Pension Details: Information about pension arrangements and rights being waived

5. Appendix A: Certificate of Independent Legal Advice: Signed certificates from each party's legal advisor confirming independent advice was given

6. Appendix B: Supporting Documents: List of all relevant supporting documents referenced in the waiver

Authors

Alex Denne

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

alex.den.21@genieai.co
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