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Agreement For Divorce On Mutual Consent Template for Australia

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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 couple with two minor children, including arrangements for shared custody and division of a family home and investment property, with the divorce to be finalized by March 2025."

Document background
The Agreement For Divorce On Mutual Consent is a critical document used in Australian divorce proceedings when both parties agree to end their marriage. It is drafted in accordance with the Family Law Act 1975 and related legislation, requiring both parties to have been separated for at least 12 months with no reasonable likelihood of reconciliation. This agreement comprehensively documents the parties' consent to divorce and their agreed arrangements regarding property division, financial matters, and children (if applicable). It serves multiple purposes: supporting the divorce application, recording agreed terms, and providing a reference point for future implementation of arrangements. The document must meet specific legal requirements and is typically prepared with legal assistance to ensure enforceability and compliance with Australian family law.
Suggested Sections

1. Parties: Details of both spouses including full legal names, addresses, and occupations

2. Background: Information about the marriage, including date and place of marriage, date of separation, and confirmation of mutual consent to divorce

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Declaration of Separation: Formal statement confirming 12-month separation period and no reasonable likelihood of reconciliation

5. Acknowledgments: Statements confirming both parties understand their rights, have received independent legal advice, and are entering the agreement voluntarily

6. General Terms: Standard terms including governing law, entire agreement clause, and execution requirements

7. Execution: Signature blocks for both parties and their witnesses

Optional Sections

1. Children of the Marriage: Used when the couple has children - includes details of children, parenting arrangements, and child support obligations

2. Property Division: Used when there are property matters to be settled - outlines the agreed division of matrimonial assets and liabilities

3. Spousal Maintenance: Used when ongoing financial support is agreed between parties - details the terms and duration of maintenance

4. Superannuation Splitting: Used when superannuation interests are to be divided - specifies the agreed split of superannuation accounts

5. Confidentiality: Used when parties wish to keep the terms of their agreement private - outlines confidentiality obligations

6. Future Dispute Resolution: Used when parties want to specify how future disputes will be handled - details the agreed dispute resolution process

Suggested Schedules

1. Schedule A - Marriage Certificate: Certified copy of the marriage certificate

2. Schedule B - Asset and Liability Schedule: Comprehensive list of all matrimonial assets and liabilities with agreed values

3. Schedule C - Property Transfer Details: Specific details of any property transfers including timing and execution requirements

4. Schedule D - Parenting Plan: Detailed arrangements for children including residence, contact, and decision-making responsibilities

5. Schedule E - Financial Disclosure: Complete financial disclosure from both parties including income, assets, and liabilities

6. Appendix 1 - Independent Legal Advice Certificates: Certificates from each party's lawyer confirming independent legal advice has been provided

Authors

Alex Denne

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

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Relevant Industries

Legal Services

Financial Services

Family Services

Social Services

Real Estate

Banking

Insurance

Wealth Management

Public Sector

Relevant Teams

Legal

Compliance

Human Resources

Corporate Affairs

Risk Management

Document Management

Family Services

Client Relations

Administrative Support

Records Management

Relevant Roles

Family Lawyer

Legal Counsel

Paralegal

Court Registrar

Family Court Judge

Divorce Mediator

Family Dispute Resolution Practitioner

Legal Secretary

Compliance Officer

HR Manager

Financial Advisor

Estate Planner

Social Worker

Family Counselor

Industries





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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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