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No Fault Separation Agreement
"I need a No Fault Separation Agreement for a couple with significant international assets, including property in both Ireland and Spain, plus pension arrangements in multiple jurisdictions, with the separation planned to take effect from March 2025."
1. Parties: Identifies the separating spouses and their current residential addresses
2. Background: States the marriage date, last cohabitation date, and intention to live separately
3. Definitions: Defines key terms used throughout the agreement
4. Living Separate and Apart: Confirms the parties' right to live separately and details non-interference provisions
5. Family Home: Addresses the occupation, ownership, or disposal of the family home
6. Division of Assets: Sets out the agreed division of joint assets and personal property
7. Financial Arrangements: Details ongoing financial obligations, maintenance payments, and tax arrangements
8. Acknowledgment of Independent Legal Advice: Confirms both parties have received independent legal counsel
9. Future Divorce Proceedings: Addresses the potential for future divorce and the status of this agreement
10. Governing Law: Specifies Irish law as governing the agreement
11. General Provisions: Contains standard clauses about modification, severability, and entire agreement
12. Execution: Signature blocks and witness provisions
1. Children Arrangements: Required if the couple has children - covers custody, access, and child maintenance
2. Pension Arrangements: Required if either party has pension assets to be divided
3. Business Interests: Required if either party owns a business or has business interests
4. Debts and Liabilities: Required if there are significant joint debts to be addressed
5. Insurance Policies: Required if there are life insurance or other policies to be maintained or divided
6. Inheritance Rights: Optional section waiving future inheritance rights
7. Pets: Required if there are pets whose custody needs to be determined
8. Foreign Assets: Required if either party has assets in other jurisdictions
9. Confidentiality: Optional section for couples wanting privacy provisions
1. Schedule A - Family Home Details: Details of the family home including mortgage information and agreed disposition
2. Schedule B - Asset Inventory: Comprehensive list of all assets being divided, including values
3. Schedule C - Financial Disclosure: Complete financial disclosure from both parties
4. Schedule D - Maintenance Calculations: Detailed breakdown of maintenance calculations and payment schedule
5. Schedule E - Children's Arrangements: Detailed parenting schedule and specific arrangements for children
6. Schedule F - Pension Details: Details of pension arrangements and division
7. Appendix 1 - Certificate of Independent Legal Advice: Certificates from each party's solicitor confirming independent legal advice
8. Appendix 2 - Property Valuations: Professional valuations of significant assets
9. Appendix 3 - Tax Implications Statement: Statement outlining the tax implications of the agreement
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Family Law Associate
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Estate Planning Specialist
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Commissioner for Oaths
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