The Divorce Agreement (or Legal Separation/Annulment Settlement Agreement in the Philippine context) is a crucial document used to formalize the dissolution of marriage relationships in the Philippines. Given that the Philippines is unique in being one of the only countries where divorce is not legally recognized (except for Muslim citizens under the Code of Muslim Personal Laws), this document typically takes the form of either a legal separation agreement or an annulment settlement agreement for non-Muslim citizens. The agreement comprehensively covers all aspects of the separation, including property division, financial arrangements, child custody and support (if applicable), and other relevant terms. It must comply with the Family Code of the Philippines, relevant civil laws, and court procedures. For Muslim citizens, the document can serve as a formal divorce agreement under Islamic law. The agreement requires careful drafting to ensure it meets all legal requirements and typically needs court approval to become enforceable.
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1. Parties: Identification and details of both spouses entering into the agreement
2. Background: Brief history of the marriage, date of marriage, current situation, and basis for separation/annulment
3. Definitions: Definitions of key terms used throughout the agreement
4. Legal Basis: Specification of the legal grounds for separation/annulment under Philippine law
5. Effective Date: The date when the agreement takes effect, usually subject to court approval
6. Property Division: Detailed arrangement for the division of conjugal or community property
7. Financial Arrangements: Terms regarding financial obligations, support payments, and division of debts
8. Confidentiality: Terms regarding the confidentiality of the agreement and related matters
9. Governing Law: Confirmation that the agreement is governed by Philippine law
10. Amendment and Modification: Procedures for modifying the agreement
11. Severability: Clause stating that if any provision is found invalid, the rest remains in effect
12. Execution: Details of how the agreement is to be executed and witnessed
1. Child Custody and Support: Required if the couple has children - details custody arrangements, visitation rights, and child support
2. Spousal Support: Include if there will be ongoing financial support from one party to another
3. Business Interests: Required if either party owns business interests that need to be addressed
4. Pension and Retirement Benefits: Include if there are pension or retirement benefits to be divided
5. Insurance Policies: Include if there are insurance policies that need to be addressed
6. Tax Provisions: Include if there are specific tax considerations or arrangements
7. Religious Considerations: Required for Muslim couples divorcing under the Code of Muslim Personal Laws
8. Domestic Violence Provisions: Include if there is a history of domestic violence requiring specific provisions
9. Future Dispute Resolution: Optional section on how future disputes will be handled
1. Schedule A - Property Inventory: Detailed list of all conjugal/community property and agreed division
2. Schedule B - Financial Disclosure: Complete financial disclosure from both parties
3. Schedule C - Child Custody Schedule: Detailed visitation and custody schedule if children are involved
4. Schedule D - Support Payment Schedule: Schedule of support payments including amounts and dates
5. Schedule E - Business Valuation: Valuation reports for any business interests
6. Appendix 1 - Marriage Certificate: Copy of the marriage certificate
7. Appendix 2 - Court Orders: Copies of any relevant court orders or judicial determinations
8. Appendix 3 - Property Documents: Copies of property titles, deeds, and other relevant documentation
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