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Pre Separation Agreement Template for Philippines

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Key Requirements PROMPT example:

Pre Separation Agreement

"I need a Pre Separation Agreement under Philippine law for a couple with no children, focusing primarily on the division of a conjugal home and two vehicles, with separation planned to begin March 1, 2025."

Document background
A Pre-Separation Agreement is a crucial document used in the Philippines when married couples decide to live separately but before initiating formal legal separation proceedings. This agreement serves as a comprehensive framework outlining how the parties will handle their separation, including property division, financial obligations, child custody arrangements, and support responsibilities. Given the unique context of Philippine family law, which doesn't recognize absolute divorce and has specific requirements for legal separation under the Family Code, this document must be carefully drafted to ensure compliance with local legislation while protecting both parties' interests. The agreement typically includes detailed provisions for living arrangements, asset division, and child-related matters, serving as a foundation for any future legal proceedings while providing clarity and security for both parties during their separation.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the agreement

2. Background: Brief history of the marriage, including date of marriage, current living situation, and reasons for separation

3. Definitions: Key terms used throughout the agreement

4. Effective Date and Separation: Specifies when the separation begins and acknowledges the parties' intent to live separately

5. Living Arrangements: Details of physical separation and residence arrangements

6. Division of Property: Agreement on the division of conjugal or community property, including real estate, vehicles, and personal property

7. Financial Obligations: Handling of joint debts, loans, and other financial responsibilities

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

9. Child Custody and Access: Primary residence, custody arrangements, and visitation schedules for children

10. Child Support: Financial arrangements for child support, including education and healthcare

11. Confidentiality: Terms regarding privacy and disclosure of agreement details

12. Dispute Resolution: Process for resolving future disagreements

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

14. Amendment and Termination: Conditions under which the agreement can be modified or terminated

Optional Sections

1. Business Interests: Division or management of jointly owned businesses or business interests

2. Overseas Property: Arrangements for property owned in other countries

3. Religious Obligations: Specific arrangements regarding religious practices, particularly relevant for Catholic couples in the Philippines

4. Insurance Policies: Arrangements regarding life, health, or property insurance policies

5. Future Legal Proceedings: Agreement on approach to future legal separation or annulment proceedings

6. Protective Orders: Special provisions if there are domestic violence concerns

7. Tax Arrangements: Agreement on tax filing and liability during separation

8. Pet Custody: Arrangements for care and custody of family pets

Suggested Schedules

1. Schedule A - Property Inventory: Comprehensive list of all conjugal/community property with agreed values

2. Schedule B - Separate Property: List of property owned individually by each spouse

3. Schedule C - Debt Schedule: List of all joint and individual debts and liabilities

4. Schedule D - Child Care Schedule: Detailed visitation and custody calendar

5. Schedule E - Support Calculations: Detailed calculations for child and/or spousal support

6. Schedule F - Household Items Division: Detailed list of how household items will be divided

7. Appendix 1 - Financial Disclosure: Financial statements from both parties

8. Appendix 2 - Children's Special Needs: Details of any special arrangements for children's education, health, or other needs

Authors

Alex Denne

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

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