The Marital Settlement Agreement is a crucial document in Hong Kong divorce proceedings, used when separating spouses have reached an agreement on the terms of their divorce settlement. It serves as a comprehensive record of how the parties have agreed to resolve all matrimonial issues, including property division, financial support, and child-related matters. The document must comply with Hong Kong's matrimonial laws, particularly the Matrimonial Causes Ordinance (Cap. 179) and the Matrimonial Proceedings and Property Ordinance (Cap. 192). It can be prepared before or during divorce proceedings and is typically incorporated into the final divorce decree. The agreement provides certainty and clarity for both parties, helping to prevent future disputes and establishing a framework for post-divorce obligations and responsibilities.
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1. Parties: Identification of both spouses with full legal names and addresses
2. Background: Brief history of the marriage, separation date, and current status of divorce proceedings
3. Definitions: Definitions of key terms used throughout the agreement
4. Mutual Release: General release of claims between parties except as provided in the agreement
5. Division of Property: Comprehensive arrangement for division of all matrimonial assets
6. Division of Debts: Allocation of responsibility for existing debts and liabilities
7. Spousal Maintenance: Terms of any spousal support or maintenance arrangements
8. Tax Matters: Agreement on handling tax liabilities and future tax returns
9. Future Dispute Resolution: Process for resolving any future disputes regarding the agreement
10. Governing Law: Specification of Hong Kong law as governing law and jurisdiction
11. Amendment and Waiver: Provisions for modifying the agreement and consequences of waiver
12. Severability: Clause ensuring remainder of agreement stays valid if any part is found unenforceable
13. Entire Agreement: Confirmation that this document represents the complete agreement between parties
14. Execution: Signature requirements and execution formalities
1. Child Custody and Support: Required if the couple has children - details custody arrangements, visitation rights, and child support
2. Business Interests: Required if either party owns business interests - details division or management of business assets
3. Pension and Retirement Accounts: Required if there are pension or MPF accounts to be divided
4. International Assets: Required if there are assets in multiple jurisdictions
5. Insurance Policies: Required if there are life, medical, or other insurance policies to be addressed
6. Pets and Animals: Required if there are pets whose custody needs to be determined
7. Intellectual Property Rights: Required if either party has IP rights that need to be addressed
8. Religious Divorce: Required for couples needing to address religious aspects of divorce
9. Confidentiality: Optional section for couples wanting to maintain privacy about settlement terms
10. Future Education of Children: Required if there are children and specific education plans need to be agreed upon
1. Schedule A - Real Property: Detailed list and description of all real estate properties and their agreed disposition
2. Schedule B - Personal Property: Itemized list of personal property including vehicles, furniture, jewelry, and their allocation
3. Schedule C - Financial Accounts: List of all bank accounts, investment accounts, and their agreed division
4. Schedule D - Child Custody Schedule: Detailed visitation schedule including holidays and special occasions
5. Schedule E - Insurance Policies: List of all insurance policies and their disposition
6. Schedule F - Outstanding Debts: Detailed list of all debts and liabilities with allocation responsibility
7. Appendix 1 - Child Support Calculations: Detailed calculations of child support obligations
8. Appendix 2 - Spousal Maintenance Calculations: Detailed calculations of spousal maintenance payments
9. Appendix 3 - Property Valuations: Professional valuations of significant assets
10. Appendix 4 - Business Valuation Reports: Independent valuation reports for business interests
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