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Marital Agreement Divorce Template for Ireland

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Key Requirements PROMPT example:

Marital Agreement Divorce

"I need a Marital Agreement Divorce to be drafted for an amicable separation where both parties have agreed to a clean break, with the main focus being the equal division of our Dublin family home and joint pension arrangements, targeting completion by March 2025."

Document background
The Marital Agreement Divorce is a crucial legal document used in Irish divorce proceedings to formalize the terms and conditions of a marriage dissolution. It becomes necessary when spouses have decided to permanently end their marriage under Irish law, having lived apart for at least two out of the previous three years. The agreement comprehensively addresses all aspects of the divorce settlement, including property division, financial arrangements, maintenance obligations, pension rights, and child custody arrangements where relevant. This document must comply with the Family Law (Divorce) Act 1996 and other applicable Irish legislation, and typically requires court approval to become legally binding. It serves as the foundation for the post-divorce relationship between the parties and provides legal certainty regarding their respective rights and obligations.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the divorce agreement

2. Background: Brief history of the marriage, including date and place of marriage, separation date, and grounds for divorce

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

4. Dissolution of Marriage: Formal agreement to divorce and confirmation that the marriage has irretrievably broken down

5. Living Arrangements: Details of current and future living arrangements, including provisions regarding the family home

6. Financial Settlement: Comprehensive details of the financial settlement, including division of assets, debts, and financial obligations

7. Maintenance Provisions: Details of any maintenance arrangements for either spouse

8. Pension Arrangements: Division and treatment of pension rights and retirement benefits

9. Children and Parenting: Arrangements for children including custody, access, maintenance, and education

10. Tax Provisions: Agreement on tax matters and future tax liabilities

11. Future Claims: Waiver of future claims and 'clean break' provisions where applicable

12. Confidentiality: Terms regarding the confidentiality of the agreement and related matters

13. Governing Law: Confirmation that the agreement is governed by Irish law

14. Variation: Circumstances and process for varying the agreement

15. Execution: Signature provisions and requirements for valid execution

Optional Sections

1. Business Interests: Details of division or management of business interests, used when either party owns or has interests in business ventures

2. International Assets: Provisions for assets located outside Ireland, included when parties have foreign property or investments

3. Inheritance Rights: Specific provisions regarding inheritance rights, included when parties wish to address future inheritance matters

4. Domestic Violence Protection: Protective measures and orders, included where there is a history of domestic violence

5. Religious Divorce: Provisions regarding religious divorce procedures, included for couples requiring religious dissolution

6. Educational Costs: Detailed provisions for children's education costs, included when specific educational arrangements need to be agreed

7. Medical Insurance: Provisions for maintaining medical insurance coverage, included when there are specific healthcare needs

8. Pets: Arrangements for family pets, included when pet custody needs to be addressed

Suggested Schedules

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

2. Schedule 2: Property Details: Detailed information about all real estate properties and their disposition

3. Schedule 3: Financial Disclosure: Full financial disclosure from both parties

4. Schedule 4: Pension Details: Complete information about pension arrangements and division

5. Schedule 5: Children's Arrangements: Detailed parenting schedule and arrangements for children

6. Schedule 6: Maintenance Calculations: Detailed calculations and terms of maintenance payments

7. Appendix A: Marriage Certificate: Copy of the original marriage certificate

8. Appendix B: Property Valuations: Professional valuations of significant assets

9. Appendix C: Court Orders: Copies of any relevant existing court orders

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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Family Law Solicitor

Divorce Lawyer

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