Mutual Consent Divorce Agreement for the United Kingdom

Mutual Consent Divorce Agreement Template for England and Wales

A legally binding agreement under the laws of England and Wales that documents the mutual consent of both parties to divorce and establishes the terms of their separation. The agreement covers the division of assets, financial arrangements, and where applicable, arrangements for children. It complies with the Divorce, Dissolution and Separation Act 2020 and reflects the no-fault divorce system, including the mandatory 20-week cooling-off period.

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What is a Mutual Consent Divorce Agreement?

The Mutual Consent Divorce Agreement is used when both parties agree to divorce under English and Welsh law. It's particularly relevant following the introduction of no-fault divorce in April 2022 through the Divorce, Dissolution and Separation Act 2020. The document captures all essential aspects of the divorce settlement, including asset division, financial arrangements, and child custody where applicable. It serves as a comprehensive record of the parties' agreement and can be used as supporting documentation in divorce proceedings. The agreement should be drafted after the mandatory cooling-off period and before the final divorce order.

What sections should be included in a Mutual Consent Divorce Agreement?

1. Parties: Details of both spouses including full names, addresses, and occupations

2. Background: Marriage date, separation date, and grounds for divorce

3. Definitions: Key terms used throughout the agreement

4. Declaration of Mutual Consent: Statement of both parties' agreement to divorce

5. Division of Assets: Agreement on division of matrimonial property and assets

6. Financial Settlement: Details of any financial arrangements between parties

7. General Provisions: Standard clauses including governing law and jurisdiction

What sections are optional to include in a Mutual Consent Divorce Agreement?

1. Child Arrangements: Used when parties have children under 18, covering custody and maintenance

2. Pension Sharing: Details of pension division arrangements

3. Spousal Maintenance: Ongoing financial support arrangements

What schedules should be included in a Mutual Consent Divorce Agreement?

1. Schedule of Assets: Detailed list of all matrimonial assets and their agreed distribution

2. Schedule of Properties: Details of any real estate and agreed disposition

3. Financial Disclosure Statements: Summary of both parties' financial positions

4. Child Arrangements Schedule: Detailed arrangements for children including contact schedules

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Industries

Matrimonial Causes Act 1973: Primary legislation governing divorce proceedings in England and Wales, setting out the grounds and procedures for divorce

Divorce, Dissolution and Separation Act 2020: Introduced no-fault divorce system from April 2022, removing the need to prove fault and allowing joint applications

Children Act 1989: Legislation governing arrangements for children in divorce cases, focusing on the welfare of children as paramount consideration

Matrimonial and Family Proceedings Act 1984: Provides framework for financial relief and other matrimonial proceedings

Matrimonial Property Act 1970: Legislation governing the division and treatment of matrimonial property during divorce

Family Law Act 1996: Provides additional framework for family law matters including property rights and domestic proceedings

Welfare Reform and Pensions Act 1999: Governs pension sharing arrangements in divorce settlements

20-Week Cooling-Off Period: Mandatory waiting period from initial divorce application before conditional order can be made

Financial Settlement Provisions: Legal requirements for fair division of assets, including property, savings, and ongoing maintenance arrangements

Child Arrangements: Legal framework for determining custody, access, and financial support for children of divorcing parents

Teams

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