A Divorce Settlement Agreement in the Philippines operates within a unique legal framework, as the Philippines is one of the few countries worldwide where divorce is not legally recognized (except for Muslim Filipinos under the Code of Muslim Personal Laws). This document serves as a comprehensive agreement for couples pursuing either legal separation or annulment of marriage. It is typically prepared when parties have agreed to separate or are in the process of obtaining an annulment, and need to formalize arrangements regarding property division, financial support, and child custody if applicable. The agreement must comply with the Family Code of the Philippines, relevant Supreme Court decisions, and other applicable laws. It includes detailed provisions for the division of conjugal property, allocation of debts, support arrangements, and parenting responsibilities. The document becomes part of the court proceedings and requires judicial approval to be legally binding. It's particularly important to note that the terms must be consistent with Philippine public policy and moral standards, as well as the best interests of any children involved.
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1. Parties: Identification of both parties to the agreement, including their full legal names, addresses, and marital status
2. Background: Brief history of the marriage, including date and place of marriage, current status of legal proceedings (e.g., pending annulment/legal separation case number), and general context for the agreement
3. Definitions: Definitions of key terms used throughout the agreement to ensure clarity and prevent misinterpretation
4. Separation Terms: Acknowledgment of separation and agreement to live apart, including the effective date of separation
5. Property Division: Detailed arrangements for the division of conjugal or community property, including real estate, vehicles, bank accounts, investments, and personal property
6. Financial Obligations: Distribution of debts and financial obligations, including mortgages, loans, and credit card debts
7. Spousal Support: Terms of financial support between the parties, including amount, duration, and payment arrangements
8. Taxation Matters: Agreement on tax obligations, filing status, and allocation of tax benefits and liabilities
9. Mutual Release: Mutual release of future claims except those arising from this agreement
10. Governing Law: Specification that the agreement is governed by Philippine law and relevant jurisdiction
11. Amendment and Modification: Procedures for modifying or amending the agreement
12. Severability: Provision stating that if any part of the agreement is found invalid, the remainder continues in effect
13. Execution: Signature requirements and execution details
1. Child Custody and Support: Required if there are minor children: arrangements for custody, visitation rights, support payments, education, and healthcare
2. Life Insurance: Include when parties agree to maintain life insurance policies for benefit of children or each other
3. Business Interests: Required if either party owns business interests: detailed division or management of business assets
4. Intellectual Property Rights: Include if either party has IP rights that need to be addressed
5. Retirement Benefits: Include if there are pension plans or retirement accounts to be divided
6. Confidentiality: Optional clause regarding privacy of agreement terms and personal matters
7. Religious Annulment: Include if parties wish to address pursuit of religious annulment (particularly relevant for Catholic couples)
8. Future Dispute Resolution: Optional mechanisms for resolving future disputes through mediation or arbitration
1. Schedule A - Property Inventory: Comprehensive list of all conjugal/community property with agreed values
2. Schedule B - Separate Property: List of properties determined to be separate rather than conjugal property
3. Schedule C - Division of Household Items: Detailed list of how household furnishings and personal items will be divided
4. Schedule D - Financial Accounts: List of all bank accounts, investments, and financial instruments with agreed division
5. Schedule E - Outstanding Debts: Comprehensive list of all debts and liabilities with allocation between parties
6. Appendix 1 - Parenting Plan: Detailed arrangements for child custody, visitation, and co-parenting (if applicable)
7. Appendix 2 - Support Calculation: Detailed calculations for child and/or spousal support payments
8. Appendix 3 - Property Valuations: Professional valuations of significant assets such as real estate or businesses
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