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Divorce Custody Agreement Template for England and Wales

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Key Requirements PROMPT example:

Divorce Custody Agreement

"I need a Divorce Custody Agreement for two children aged 8 and 10, where I will be the primary custodial parent in London, while their father lives in Manchester and will have contact every other weekend and during school holidays."

What is a Divorce Custody Agreement?

A Divorce Custody Agreement is essential when parents separate or divorce in England and Wales, providing a formal framework for child care arrangements. This document is crucial for establishing clear guidelines about residence, contact, decision-making, and financial responsibilities for children. It must comply with the Children Act 1989 and other relevant family law legislation, ensuring the child's best interests are paramount. The agreement typically includes detailed schedules for regular contact, holidays, and special occasions, as well as provisions for education, healthcare, and international travel where relevant.

What sections should be included in a Divorce Custody Agreement?

1. Parties: Details of both parents and children involved

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

3. Definitions: Key terms used throughout the agreement

4. Primary Residence: Establishes main home of children

5. Contact Arrangements: Regular schedule for time with each parent

6. Decision Making Authority: How major decisions about children will be made

7. Financial Responsibilities: Child maintenance and additional expenses

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

1. Holiday Arrangements: Special arrangements for school holidays and festivities - used when parents live in different locations or countries

2. International Travel: Rules for taking children abroad - used when either parent has international connections

3. Education Provisions: Agreements about schooling and education decisions - used when specific education arrangements need to be agreed

4. Medical Care: Special medical arrangements or considerations - used when children have specific medical needs

What schedules should be included in a Divorce Custody Agreement?

1. Contact Schedule: Detailed calendar of regular contact arrangements

2. Holiday Schedule: Annual holiday and special occasions rotation

3. Financial Schedule: Detailed breakdown of financial obligations

4. Medical Information: Children's medical history and requirements

5. Communication Protocol: Agreed methods and rules for parent communication

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Industries

Children Act 1989: Primary legislation establishing that child's welfare is paramount, defines parental responsibility, and sets out court orders relating to children including Child Arrangements Orders, Specific Issue Orders, and Prohibited Steps Orders

Matrimonial Causes Act 1973: Provides the legal framework for divorce proceedings and addresses financial provisions and arrangements for children

Family Law Act 1996: Deals with domestic proceedings, court jurisdiction, protection orders and occupation rights

Child Support Act 1991: Regulates child maintenance arrangements and sets out calculation of child support payments

Human Rights Act 1998: Ensures compliance with European Convention on Human Rights, particularly Article 8 regarding right to family life

Equality Act 2010: Prevents discrimination in arrangements for children and ensures equal treatment regardless of protected characteristics

Children and Families Act 2014: Updates aspects of family justice system, introduces child arrangement orders, and emphasizes mediation

Divorce, Dissolution and Separation Act 2020: Implements changes to no-fault divorce process (effective from April 2022)

Teams

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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