The Mutual Divorce Agreement is a comprehensive document used when both spouses agree to divorce under the jurisdiction of England and Wales. It incorporates the modern no-fault divorce principles and serves as a foundation for the court's final order. The agreement typically includes detailed provisions for asset division, financial settlements, pension sharing, and child arrangements where applicable. It must comply with current legislation, particularly the Divorce, Dissolution and Separation Act 2020, and should be drafted with consideration of relevant case law and court procedures.
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1. Parties: Details of both spouses entering into the agreement
2. Background: Marriage details, separation date, and basis for divorce
3. Definitions: Key terms used throughout the agreement
4. Declaration of Divorce: Mutual agreement to divorce and confirmation of irretrievable breakdown
5. Financial Settlement: Agreement on division of assets, property, and finances
6. Future Claims: Waiver of future financial claims against each other
1. Child Arrangements: Details of custody, access, and maintenance (if children involved)
2. Pension Sharing: Agreement on division of pension assets (if applicable)
3. Spousal Maintenance: Ongoing maintenance arrangements (if agreed)
4. Business Interests: Division of business assets (if applicable)
1. Schedule 1: Asset List: Comprehensive list of matrimonial assets and their agreed division
2. Schedule 2: Property Details: Details of property ownership and transfer arrangements
3. Appendix A: Financial Disclosure: Summary of both parties' financial positions
4. Appendix B: Child Arrangements Schedule: Detailed schedule of child care arrangements (if applicable)
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