Partial Divorce Agreement for the United Kingdom

Partial Divorce Agreement Template for England and Wales

A Partial Divorce Agreement is a legal document under English and Welsh law that outlines agreed terms between divorcing spouses on specific aspects of their separation, while leaving other matters for future negotiation or court determination. It typically covers the division of certain assets, financial arrangements, and potentially child-related matters, providing a framework for partial settlement while allowing flexibility for ongoing negotiations on remaining issues.

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What is a Partial Divorce Agreement?

A Partial Divorce Agreement serves as an interim solution for divorcing couples under the jurisdiction of England and Wales who have reached agreement on certain aspects of their separation but require more time or court intervention for others. This document type is particularly useful when parties wish to formalize agreements on urgent or straightforward matters while continuing negotiations on more complex issues. The agreement must comply with the Matrimonial Causes Act 1973 and the Divorce, Dissolution and Separation Act 2020, and can cover various aspects including asset division, financial arrangements, and child-related matters. While not a complete divorce settlement, the Partial Divorce Agreement provides legal certainty for those matters already agreed upon.

What sections should be included in a Partial Divorce Agreement?

1. Parties: Details of both parties to the divorce agreement

2. Background: Brief history of marriage, separation, and current circumstances

3. Definitions: Key terms used throughout the agreement

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

5. Financial Arrangements: Details of financial settlements and ongoing obligations

6. Governing Law: Confirmation that agreement is governed by laws of England and Wales

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

1. Child Arrangements: Details of custody, access, and maintenance (if children involved)

2. Pension Sharing: Arrangements for division of pension assets (if applicable)

3. Property Arrangements: Specific arrangements for family home and other properties (if applicable)

4. Business Interests: Division of business assets and interests (if applicable)

5. Spousal Maintenance: Ongoing maintenance arrangements (if agreed)

What schedules should be included in a Partial Divorce Agreement?

1. Schedule of Assets: Comprehensive list of matrimonial assets and their agreed values

2. Property Schedule: Details of all properties owned and their disposition

3. Financial Disclosure: Full financial disclosure from both parties

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

5. Pension Details: Complete information about pension arrangements and division

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
Industries

Matrimonial Causes Act 1973: Primary legislation governing divorce proceedings and financial settlements in England and Wales. Sets out grounds for divorce and provides the framework for financial orders between divorcing parties.

Divorce, Dissolution and Separation Act 2020: Modern legislation that introduced no-fault divorce in England and Wales (effective from April 2022) and updated procedural requirements for divorce proceedings.

Family Law Act 1996: Contains important provisions regarding family homes and domestic violence, including regulations for occupation orders in divorce situations.

Children Act 1989: Crucial legislation governing arrangements for children in divorce cases, establishing the principle that the welfare of the child is the paramount consideration.

Matrimonial and Family Proceedings Act 1984: Defines the powers of the court in matrimonial proceedings and addresses jurisdictional issues in divorce cases.

Civil Partnership Act 2004: Legislation that may be relevant in cases involving the conversion of civil partnerships and ensuring equal treatment in divorce proceedings.

Welfare Reform and Pensions Act 1999: Contains important provisions regarding pension sharing arrangements in divorce settlements.

Human Rights Act 1998: Ensures divorce proceedings and settlements comply with European Convention on Human Rights standards and protections.

Teams

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