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Pre Divorce Agreement for the United Kingdom

Pre Divorce Agreement Template for England and Wales

A Pre-Divorce Agreement is a formal legal document under the laws of England and Wales that sets out agreed arrangements between spouses prior to commencing formal divorce proceedings. It covers financial settlements, property division, and where applicable, child arrangements. The agreement aims to reduce potential disputes during the divorce process and provides a framework for the eventual divorce settlement, though it remains subject to court approval.

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What is a Pre Divorce Agreement?

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.

What sections should be included in a Pre Divorce Agreement?

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

What sections are optional to include in a Pre Divorce Agreement?

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

What schedules should be included in a Pre Divorce Agreement?

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) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Divorce Agreement

Cost

Free to use

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