The Divorce Nesting Agreement is a specialized legal instrument used in Malta when divorcing parents choose to maintain stability for their children by keeping them in the family home while the parents alternate residing there. This arrangement, governed by Malta's Civil Code and the 2011 Divorce Law, has gained traction as a child-centered approach to divorce. The document becomes necessary when parents prioritize minimizing disruption to their children's lives during and after divorce proceedings. It comprehensively addresses practical aspects such as residence schedules, financial obligations, and home maintenance, while ensuring compliance with Maltese family law requirements. The agreement is particularly relevant in cases where both parents remain in the same geographical area and can maintain separate residences when not staying in the family home. It requires careful consideration of property rights, parental responsibilities, and financial arrangements under Maltese jurisdiction.
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1. Parties: Identification of the divorcing spouses and any other relevant parties
2. Background: Context of the divorce and decision to implement a nesting arrangement
3. Definitions: Key terms used throughout the agreement including 'Nesting Period', 'Family Home', 'Rotation Schedule', etc.
4. Term and Duration: Length of the nesting arrangement and conditions for review or termination
5. Nesting Residence Arrangements: Details of the family home use and rotation schedule between parents
6. Financial Responsibilities: Division of costs related to maintaining the family home and secondary residences
7. Children's Care and Welfare: Provisions for children's care, education, and daily routines during nesting
8. House Rules and Maintenance: Guidelines for maintaining the family home and respecting shared spaces
9. Communication Protocol: Rules for communication between parents regarding nesting arrangements
10. Dispute Resolution: Process for resolving conflicts related to the nesting arrangement
11. Termination Provisions: Circumstances and procedures for ending the nesting arrangement
12. Governing Law: Specification of Malta law as governing law and jurisdiction
1. Secondary Residences: Details about where each parent lives when not in the family home - include if parents have established separate residences
2. Pet Care Arrangements: Guidelines for pet care and responsibilities - include if family has pets
3. Special Occasions and Holidays: Modified arrangements for holidays and special events - include if regular schedule will have exceptions
4. New Partners: Guidelines regarding new partners' presence in the family home - include if either party is in or likely to enter new relationships
5. Home Business Provisions: Rules for conducting business from the family home - include if either parent works from home
6. Religious Observance: Provisions for maintaining religious practices - include if family has specific religious requirements
7. Relocation Provisions: Procedures if either parent needs to relocate - include if job mobility is a concern
1. Schedule A - Rotation Calendar: Detailed calendar showing parent rotation schedule, including holidays and special occasions
2. Schedule B - Household Inventory: List of furniture, appliances, and shared items in the family home
3. Schedule C - Financial Schedule: Detailed breakdown of shared expenses and payment responsibilities
4. Schedule D - Contact Information: Emergency contacts, children's medical providers, school contacts, etc.
5. Schedule E - House Rules: Detailed rules for maintaining the home, including cleaning schedules and responsibilities
6. Appendix 1 - Maintenance Checklist: Regular maintenance tasks and schedule for the family home
7. Appendix 2 - Children's Schedule: Children's routine activities, school schedules, and extracurricular activities
8. Appendix 3 - Handover Protocol: Detailed procedure for transitioning between parents in the family home
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