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Agreement For Divorce On Mutual Consent Template for Hong Kong

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Agreement For Divorce On Mutual Consent

I need an Agreement For Divorce On Mutual Consent in Hong Kong for a couple with no children, covering the division of a jointly-owned apartment in North Point and two joint bank accounts, with completion targeted for March 2025.

Document background
The Agreement For Divorce On Mutual Consent is a crucial document used in Hong Kong's divorce proceedings when both parties agree to end their marriage amicably. It is drafted in accordance with the Matrimonial Causes Ordinance (Cap. 179) and related Hong Kong legislation, serving as a comprehensive record of the spouses' agreement on all aspects of their divorce. This document is typically prepared when couples have reached consensus on key matters such as property division, financial arrangements, and child custody (if applicable). It forms the basis for an uncontested divorce petition and significantly streamlines the divorce process in Hong Kong courts. The agreement must address all mandatory legal requirements while being flexible enough to accommodate specific circumstances of the divorcing couple, including international assets or cross-border considerations.
Suggested Sections

1. Parties: Identification of both spouses with full legal names, addresses, and occupations

2. Background: Details of the marriage including date and place of marriage, separation date, and confirmation that both parties consent to divorce

3. Definitions: Key terms used throughout the agreement including property, matrimonial home, relevant dates, etc.

4. Basis for Divorce: Statement of mutual consent and grounds for divorce under Hong Kong law

5. Mutual Releases: General releases of claims between parties post-divorce

6. Division of Matrimonial Assets: Agreement on division of joint assets, savings, and personal property

7. Financial Arrangements: Details of any lump sum payments, maintenance arrangements, or financial settlements

8. Legal Costs: Agreement on how legal costs related to the divorce will be borne

9. Confidentiality: Provisions regarding privacy and confidentiality of the agreement terms

10. Governing Law: Confirmation that the agreement is governed by Hong Kong law

11. Entire Agreement: Clause confirming this document represents the complete agreement between parties

12. Execution: Signature blocks and execution formalities

Optional Sections

1. Children Arrangements: Used when there are children of the marriage, covering custody, access, education, and maintenance arrangements

2. Business Interests: Required when either party has business interests that need to be addressed in the settlement

3. Pension Arrangements: Needed when pension or retirement benefits need to be divided

4. Foreign Assets: Required when there are assets located outside Hong Kong

5. Insurance Policies: Used when there are joint insurance policies or policies naming spouse as beneficiary

6. Tax Provisions: Required when there are significant tax implications in the asset division

7. Future Dispute Resolution: Optional mechanism for resolving future disputes about agreement interpretation

8. Religious Divorce: Required for couples who also need religious divorce proceedings

Suggested Schedules

1. Schedule A - Asset Schedule: Detailed listing of all matrimonial assets and their agreed values

2. Schedule B - Property Details: Specific details of real estate properties and their disposition

3. Schedule C - Maintenance Calculations: Detailed breakdown of any maintenance payments and calculation method

4. Schedule D - Children's Arrangements: Detailed parenting schedule and specific arrangements for children

5. Schedule E - Outstanding Liabilities: List of joint debts and responsibilities for their settlement

6. Appendix 1 - Documentary Evidence: Copies of relevant documents including marriage certificate, property titles

7. Appendix 2 - Valuation Reports: Professional valuations of significant assets if applicable

8. Appendix 3 - Financial Statements: Recent financial statements or declarations of both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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