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Agreement For Divorce On Mutual Consent

Agreement For Divorce On Mutual Consent Template for Philippines

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Key Requirements PROMPT example:

Agreement For Divorce On Mutual Consent

"I need an Agreement For Divorce On Mutual Consent for a Muslim Filipino couple under the Code of Muslim Personal Laws, with specific provisions for the division of a family business and custody arrangements for three children, to be effective from March 2025."

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Document background
While requested as an Agreement For Divorce On Mutual Consent, this document must be adapted to comply with Philippine law, where divorce is not legally recognized for non-Muslim citizens. The Philippines remains one of the few countries worldwide where divorce is not permitted under civil law. This document serves as a Legal Separation Agreement, providing a framework for couples to live separately while remaining legally married. It covers crucial aspects such as property division, child custody, financial arrangements, and support obligations. The agreement must comply with the Family Code of the Philippines and requires court approval. It is typically used when couples have irreconcilable differences but cannot obtain a divorce due to legal restrictions. For Filipino Muslims, a separate process under the Code of Muslim Personal Laws would apply.
Suggested Sections

1. Parties: Identification of both spouses, including their full legal names, addresses, and marriage details

2. Background: Brief history of the marriage, date and place of marriage, and current situation leading to the legal separation

3. Definitions: Definitions of key terms used throughout the agreement

4. Grounds for Legal Separation: Specific legal grounds under Article 55 of the Family Code being cited for the separation

5. Living Arrangements: Agreement on separate living arrangements and residential provisions

6. Property Division: Division and distribution of conjugal properties and assets

7. Financial Arrangements: Details of financial responsibilities, support payments, and debt allocation

8. Child Custody and Support: Arrangements for custody, visitation rights, and financial support of children

9. Compliance with Law: Statement confirming compliance with the Family Code and other relevant Philippine laws

10. Effectivity: When and how the agreement takes effect

11. Governing Law: Confirmation that the agreement is governed by Philippine law

12. Signatures and Attestation: Formal signing section with provisions for witnesses and notarization

Optional Sections

1. Spousal Support: Terms of financial support between spouses, if applicable

2. Business Interests: Division of business interests and ongoing management arrangements, if applicable

3. Insurance and Benefits: Arrangements regarding life insurance, health insurance, and other benefits

4. Tax Provisions: Agreement on tax filing status and responsibilities

5. Reconciliation Terms: Provisions in case of future reconciliation

6. Religious Obligations: Any specific religious considerations or obligations

7. Confidentiality: Terms regarding privacy and confidentiality of the agreement and related matters

8. Dispute Resolution: Process for resolving future disputes regarding the agreement terms

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of all conjugal properties and their agreed distribution

2. Schedule B - Financial Disclosure: Complete disclosure of both parties' financial assets and liabilities

3. Schedule C - Child Care Schedule: Detailed visitation and custody schedule for children

4. Schedule D - Support Payment Schedule: Schedule of support payments and payment terms

5. Appendix 1 - Marriage Certificate: Copy of the marriage certificate

6. Appendix 2 - Property Documents: Copies of property titles and relevant documentation

7. Appendix 3 - Court Orders: Copies of any relevant court orders or legal documents

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

alex.den.21@genieai.co
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