A Divorce Waiver is a formal legal document used when one spouse wishes to voluntarily surrender certain rights they would otherwise be entitled to during or following divorce proceedings. This document is particularly relevant in England and Wales, where it must comply with specific legislative requirements including the Matrimonial Causes Act 1973 and the Divorce, Dissolution and Separation Act 2020. The waiver typically includes provisions regarding financial claims, property rights, and pension entitlements, and requires both parties to receive independent legal advice to ensure its validity and enforceability.
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1. Parties: Details of both spouses including full names and addresses
2. Background: Marriage details, separation circumstances, and intent of waiver
3. Definitions: Key terms used throughout the document including relevant legislation references
4. Acknowledgments: Confirmation of independent legal advice and understanding of rights being waived
5. Waiver Provisions: Specific rights being waived and detailed terms of the waiver
6. Execution: Signing provisions and witness requirements
1. Financial Provisions: Additional section detailing specific financial arrangements and waivers of financial claims
2. Property Rights: Section covering specific property-related waivers and arrangements
3. Pension Provisions: Section dealing with pension-related waivers and arrangements
4. Child-Related Provisions: Section addressing any child-related matters where applicable
1. Schedule 1 - Schedule of Assets: Comprehensive list of assets considered in the waiver
2. Schedule 2 - Financial Disclosure: Summary of financial positions of both parties
3. Schedule 3 - Legal Advice Certificates: Certificates confirming independent legal advice received by both parties
4. Schedule 4 - Marriage Certificate: Copy of the marriage certificate
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