No Fault Agreement Template for Hong Kong

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Key Requirements PROMPT example:

No Fault Agreement

I need a No Fault Agreement under Hong Kong law to document separation from my spouse, including provisions for our properties in Hong Kong and Singapore, with the separation to take effect from March 1, 2025.

Document background
The No Fault Agreement is a crucial document in Hong Kong's family law practice, designed for couples seeking to formalize their separation without the need to prove fault or wrongdoing. This agreement becomes relevant when married couples decide to separate amicably but aren't yet ready or willing to commence divorce proceedings. It typically includes comprehensive provisions covering living arrangements, financial settlements, property division, and where applicable, arrangements for children. Under Hong Kong jurisdiction, while not a divorce document itself, it often serves as a foundation for subsequent divorce proceedings and can be incorporated into the final divorce decree. The agreement must comply with Hong Kong's Matrimonial Causes Ordinance and related legislation, ensuring its enforceability in local courts while providing both parties with legal certainty during their separation period.
Suggested Sections

1. Parties: Identification and details of both parties to the agreement

2. Background: Brief history of the marriage, reason for separation, and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Separation: Acknowledgment of separation and agreement to live apart

5. Non-Molestation: Mutual agreements regarding non-interference and peaceful conduct

6. Financial Arrangements: Overview of financial settlements and ongoing obligations

7. Property Division: Agreement on division of matrimonial home and other properties

8. Mutual Release: Release of future claims against each other's estates

9. Confidentiality: Terms regarding privacy and disclosure of agreement details

10. Future Divorce Proceedings: Agreement on approach to future divorce proceedings

11. Governing Law: Confirmation of Hong Kong law governance and jurisdiction

12. General Provisions: Standard contractual terms including entire agreement, amendments, and severability

Optional Sections

1. Children Arrangements: Details of custody, access, and maintenance for children - included when parties have children

2. Business Interests: Division or management of joint business interests - included when parties share business assets

3. Pension Arrangements: Division of pension and retirement benefits - included when significant pension assets exist

4. Tax Provisions: Specific tax-related agreements - included when there are significant tax implications

5. International Assets: Provisions for overseas assets - included when parties have international properties or investments

6. Pets: Arrangements for family pets - included when parties have pets to consider

7. Insurance Policies: Agreements regarding life, health, or other insurance policies - included when significant insurance assets exist

Suggested Schedules

1. Schedule 1: Asset Schedule: Comprehensive list of all matrimonial assets and their agreed division

2. Schedule 2: Liability Schedule: List of all joint and individual debts and responsibilities

3. Schedule 3: Income and Expenses: Current financial positions of both parties

4. Schedule 4: Property Details: Detailed information about matrimonial home and other properties

5. Appendix A: Financial Disclosure: Sworn statements of financial positions from both parties

6. Appendix B: Children's Arrangements: Detailed parenting plan and access schedule if applicable

7. Appendix C: Maintenance Calculations: Detailed calculations for any maintenance payments

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

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Compliance

Risk Management

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Family Law Partner

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Financial Advisor

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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