Pre Divorce Separation Agreement for Hong Kong

Pre Divorce Separation Agreement Template for Hong Kong

A Pre-Divorce Separation Agreement under Hong Kong law is a formal legal document that establishes the terms and conditions under which a married couple will live separately before proceeding with formal divorce proceedings. This agreement, governed by Hong Kong's Matrimonial Causes Ordinance (Cap. 179) and related legislation, outlines arrangements for property division, financial responsibilities, living arrangements, and if applicable, child custody and maintenance. It serves as an interim arrangement that can later be incorporated into final divorce proceedings, providing clarity and legal protection for both parties during their separation period.

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What is a Pre Divorce Separation Agreement?

The Pre-Divorce Separation Agreement is a crucial document for married couples in Hong Kong who have decided to live separately but are not yet ready or willing to commence divorce proceedings. This agreement, while not mandatory under Hong Kong law, provides important legal protection and clarity during the separation period. It typically includes comprehensive arrangements for property division, financial responsibilities, living arrangements, and where applicable, children's matters. The document is particularly valuable in Hong Kong's complex property and financial environment, helping to prevent future disputes and establishing clear expectations for both parties. While not automatically binding on a subsequent divorce court, the agreement often serves as a foundation for final divorce arrangements and demonstrates the parties' intentions during their separation period. The document must comply with Hong Kong's legal framework, particularly the Matrimonial Causes Ordinance (Cap. 179) and the Matrimonial Proceedings and Property Ordinance (Cap. 192).

What sections should be included in a Pre Divorce Separation Agreement?

1. Parties: Identification of both spouses with full legal names and addresses

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

3. Definitions: Key terms used throughout the agreement

4. Living Arrangements: Details of separate living arrangements, including property occupation rights

5. Financial Arrangements: Agreement on division of daily expenses, bills, and joint financial responsibilities

6. Maintenance: Terms of any spousal maintenance payments

7. Division of Property: Interim arrangements for shared property and assets

8. Bank Accounts: Management of joint accounts and financial separation

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

10. Future Divorce Proceedings: Understanding regarding future divorce and how this agreement will be treated

11. Governing Law: Confirmation that Hong Kong law governs the agreement

12. Dispute Resolution: Process for resolving any disputes about the agreement

13. General Provisions: Standard contractual terms including severability and entire agreement

What sections are optional to include in a Pre Divorce Separation Agreement?

1. Children Arrangements: Used when the couple has children - covers custody, care and control, access arrangements, and child maintenance

2. Pets: Used when there are shared pets - details care arrangements and responsibilities

3. Business Interests: Used when spouses have shared business interests - covers interim management and control

4. Foreign Assets: Used when there are assets in other jurisdictions - specifies handling of overseas properties/investments

5. Domestic Help: Used when the couple employs domestic helpers - covers employment continuation and responsibilities

6. Insurance Policies: Used when there are joint insurance policies - covers maintenance and beneficiary arrangements

7. Religious Requirements: Used for couples requiring specific religious considerations in their separation

8. Social Media and Privacy: Used when specific social media behavior and online privacy terms need to be established

What schedules should be included in a Pre Divorce Separation Agreement?

1. Schedule 1 - Assets and Liabilities: Comprehensive list of all joint and separate assets and liabilities

2. Schedule 2 - Monthly Budget: Detailed breakdown of shared expenses and payment responsibilities

3. Schedule 3 - Property Inventory: Inventory of household items and their agreed division

4. Schedule 4 - Children's Schedule: Detailed parenting schedule including holidays and special occasions

5. Schedule 5 - Insurance Policies: List of all insurance policies and agreed arrangements

6. Appendix A - Financial Disclosure: Financial statements from both parties

7. Appendix B - Property Valuations: Professional valuations of significant assets

8. Appendix C - Children's Information: Details of children's schools, medical needs, and special arrangements

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

Hong Kong

Publisher

Genie AI

Document Type

Employment Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Family Law

Private Wealth Management

Real Estate

Financial Services

Professional Services

Insurance

Private Client Services

Relevant Teams

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Private Client

Wealth Management

Dispute Resolution

Property

Corporate Support

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Document Processing

Client Relations

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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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