The Separation And Property Settlement Agreement is a crucial document used when married couples or civil partners in England and Wales decide to separate but may not yet wish to divorce. The agreement provides a comprehensive framework for managing the practical and financial aspects of separation, including property division, financial arrangements, and child-related matters where applicable. It offers legal certainty while maintaining flexibility for future arrangements, and can later form the basis of a consent order in divorce proceedings. The document must comply with the Matrimonial Causes Act 1973 and related legislation, while considering recent case law developments in family law.
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1. Parties: Identification and details of both parties to the agreement
2. Background: Marriage/relationship history, reason for separation, current living arrangements
3. Definitions: Key terms used throughout the agreement
4. Property Division: Distribution of real estate and personal property
5. Financial Arrangements: Division of financial assets, debts, and ongoing financial obligations
6. Execution: Signing provisions and declaration of independent legal advice
1. Child Arrangements: Provisions for custody, access, and maintenance of children under 18
2. Pension Provisions: Arrangements for division of pension assets and future pension rights
3. Business Interests: Provisions for division of business assets and ongoing business arrangements
4. Tax Provisions: Specific tax arrangements and responsibilities between parties
1. Schedule of Assets: Comprehensive list of all matrimonial assets and their agreed values
2. Schedule of Debts: List of all joint and individual debts and liabilities
3. Property Schedule: Details of real estate properties including valuations and disposal arrangements
4. Child Arrangements Schedule: Detailed parenting plan and contact arrangements
5. Financial Disclosure Statements: Form E or similar financial disclosure documents from both parties
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