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Mutual Consent Divorce Settlement Agreement Template for England and Wales

A Mutual Consent Divorce Settlement Agreement under English and Welsh law is a legally binding document that outlines the terms agreed between spouses who are seeking to divorce by mutual consent. The agreement covers the division of assets, financial arrangements, and where applicable, child custody arrangements. Following the introduction of the Divorce, Dissolution and Separation Act 2020, this agreement aligns with the no-fault divorce system and provides a framework for amicable separation while ensuring both parties' interests are protected.

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What is a Mutual Consent Divorce Settlement Agreement?

The Mutual Consent Divorce Settlement Agreement is utilized when both parties agree to divorce and wish to formalize their settlement terms under England and Wales jurisdiction. This document becomes particularly relevant following the 2022 introduction of no-fault divorce, allowing couples to separate without assigning blame. The agreement comprehensively covers asset division, financial arrangements, pension sharing, and child custody where applicable. It serves as a foundation for the court's consent order and helps expedite the divorce process while maintaining legal compliance with the Matrimonial Causes Act 1973 and related legislation.

What sections should be included in a Mutual Consent Divorce Settlement Agreement?

1. Parties: Details of both spouses including full names, addresses, and occupations

2. Background: Marriage date, separation date, and current status of relationship

3. Definitions: Key terms used throughout the agreement

4. Property Division: Distribution of matrimonial home and other property assets

5. Financial Settlement: Details of financial arrangements including lump sums and periodic payments

6. Execution: Signing provisions and witness requirements

What sections are optional to include in a Mutual Consent Divorce Settlement Agreement?

1. Child Arrangements: Details of custody, access, and financial arrangements for children under 18

2. Pension Sharing: Provisions for the division of pension assets between the parties

3. Business Interests: Arrangements for the division or handling of business assets and interests

4. International Assets: Provisions for dealing with overseas property and international assets

What schedules should be included in a Mutual Consent Divorce Settlement Agreement?

1. Schedule 1: Assets Schedule: Comprehensive list of matrimonial assets and their agreed values

2. Schedule 2: Property Details: Details of all properties owned including mortgages and equity

3. Schedule 3: Pension Information: Details of pension arrangements and sharing orders

4. Appendix A: Child Arrangements: Detailed parenting plan including custody and visitation schedules

5. Appendix B: Financial Disclosure: Summary of financial disclosure by both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Document Type

Divorce Agreement

Cost

Free to use

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