A Separation Financial Agreement is a crucial legal document used in Hong Kong when married couples decide to separate but have not yet proceeded with divorce proceedings, or wish to formalize their financial arrangements prior to divorce. The agreement is drafted under Hong Kong law, particularly in accordance with the Matrimonial Proceedings and Property Ordinance (Cap. 192) and related legislation. It provides a comprehensive framework for separating couples to document their agreed financial arrangements, including asset division, maintenance obligations, and property settlements. This document is particularly important in Hong Kong's financial center context, where complex asset structures, international properties, and business interests often need to be addressed. The agreement helps prevent future disputes by clearly documenting the parties' intentions and can later be incorporated into divorce proceedings if required.
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1. Parties: Identification of both parties to the agreement, including full legal names, addresses, and occupations
2. Background: Brief history of the marriage, date of separation, and current living arrangements
3. Definitions: Definitions of key terms used throughout the agreement
4. Purpose of Agreement: Statement of the parties' intention to formally record their financial separation arrangements
5. Division of Matrimonial Assets: Detailed arrangements for division of joint assets, including the matrimonial home, bank accounts, and investments
6. Financial Maintenance: Terms of any ongoing financial support between the parties
7. Tax Matters: Arrangements regarding tax liabilities and responsibilities
8. Implementation of Agreement: Timeframes and practical steps for implementing the agreed arrangements
9. Future Rights and Claims: Waiver of future financial claims against each other
10. Confidentiality: Provisions regarding confidentiality of the agreement and its terms
11. Governing Law: Confirmation that the agreement is governed by Hong Kong law
12. Dispute Resolution: Process for resolving any disputes arising from the agreement
13. General Provisions: Standard legal provisions including severability, entire agreement, and amendments
1. Children's Arrangements: Financial arrangements for children's maintenance and education (included if the parties have children)
2. Business Interests: Arrangements regarding any shared business interests or company shareholdings
3. Pension and Retirement Benefits: Division of pension and retirement benefits (included if significant pension assets exist)
4. Overseas Assets: Arrangements for assets located outside Hong Kong
5. Insurance Policies: Arrangements regarding life insurance, medical insurance, and other policies
6. Intellectual Property Rights: Division of any intellectual property rights (if applicable)
7. Future Sale of Assets: Arrangements for potential future sale of retained assets
8. Debts and Liabilities: Allocation of responsibility for joint debts and liabilities
1. Schedule 1: Asset Schedule: Comprehensive list of all matrimonial assets with agreed values and division
2. Schedule 2: Property Details: Details of all real estate properties including ownership structure and agreed disposition
3. Schedule 3: Bank Accounts: List of all bank accounts, investments, and their agreed division
4. Schedule 4: Personal Property: List of personal property and chattels and their agreed division
5. Schedule 5: Implementation Timeline: Detailed timeline for implementing various aspects of the agreement
6. Schedule 6: Outstanding Liabilities: List of all joint liabilities and agreed responsibility for each
7. Appendix A: Valuations: Professional valuations of significant assets
8. Appendix B: Legal Advice Certificates: Certificates confirming independent legal advice received by each party
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