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Divorce Mediation Settlement Agreement Template for Australia

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Key Requirements PROMPT example:

Divorce Mediation Settlement Agreement

"I need a Divorce Mediation Settlement Agreement for an amicable separation in Australia, with particular focus on fairly dividing our small business interests and establishing a co-parenting arrangement for our two children, with the agreement to take effect from March 2025."

Document background
A Divorce Mediation Settlement Agreement is a crucial document in Australian family law that formalizes the agreements reached between separating spouses through the mediation process. This document is used when parties choose to resolve their divorce-related issues through mediation rather than litigation, typically resulting in faster, less expensive, and more amicable resolutions. It encompasses all aspects of the separation, including property division, financial arrangements, and parenting responsibilities if children are involved. The agreement must comply with the Family Law Act 1975 and related regulations, and is typically prepared after successful mediation sessions with a qualified Family Dispute Resolution Practitioner. While not automatically legally binding, it can be formalized through consent orders in the Federal Circuit and Family Court of Australia. This approach aligns with Australia's emphasis on alternative dispute resolution in family law matters.
Suggested Sections

1. Parties: Identification and details of both parties to the agreement

2. Background: Brief history of the marriage, date of separation, and context for the agreement

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

4. Acknowledgments: Statements confirming both parties have received independent legal advice and enter the agreement voluntarily

5. Separation Declaration: Formal declaration of separation and intention to divorce

6. Division of Property: Detailed arrangement for the division of real estate, vehicles, and personal property

7. Financial Arrangements: Division of financial assets, bank accounts, investments, and superannuation

8. Debt Allocation: Distribution of responsibility for existing debts and liabilities

9. Mutual Release: Agreement that both parties release each other from future claims

10. Dispute Resolution: Process for resolving any future disputes regarding the agreement

11. Governing Law: Specification that the agreement is governed by Australian law

12. Execution: Formal signing section including witness requirements

Optional Sections

1. Parenting Arrangements: Details of custody, visitation, and decision-making responsibilities for children (included when parties have children)

2. Child Support: Arrangements for financial support of children, including special expenses (included when parties have children)

3. Spousal Maintenance: Terms of ongoing financial support between parties (included when relevant)

4. Business Interests: Division or management of shared business interests (included when parties own businesses)

5. Family Pets: Arrangements for care and custody of family pets (included when relevant)

6. Inheritance Rights: Waiver of rights to future inheritance (included when requested)

7. International Travel: Arrangements for international travel with children (included when parties have children and international travel is relevant)

8. Life Insurance: Requirements for maintaining life insurance policies (included when relevant, especially with dependent children)

9. Future Property Division: Arrangements for division of future-acquired property or windfalls (included when relevant)

Suggested Schedules

1. Schedule A - Asset Schedule: Comprehensive list of all assets with agreed values and distribution

2. Schedule B - Liability Schedule: Detailed list of all debts and liabilities with agreed allocation

3. Schedule C - Parenting Schedule: Detailed parenting time schedule including holidays and special occasions

4. Schedule D - Child Support Calculations: Detailed calculations of child support obligations

5. Appendix 1 - Property Valuations: Professional valuations of real estate and significant assets

6. Appendix 2 - Superannuation Statements: Current statements for all superannuation accounts

7. Appendix 3 - Business Valuations: Professional valuations of business interests

8. Appendix 4 - Independent Legal Advice Certificates: Certificates from each party's legal representative confirming independent advice was received

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

Relevant legal definitions



































Clauses



































Relevant Industries

Legal Services

Family Law

Alternative Dispute Resolution

Social Services

Professional Services

Court Services

Financial Services

Public Sector

Relevant Teams

Legal Operations

Family Law Practice

Dispute Resolution

Document Processing

Client Services

Compliance

Administrative Support

Court Liaison

Settlement Administration

Relevant Roles

Family Lawyer

Mediator

Family Dispute Resolution Practitioner

Legal Secretary

Paralegal

Court Registrar

Family Court Judge

Legal Administrator

Divorce Specialist

Family Law Associate

Settlement Officer

Legal Document Specialist

Compliance Officer

Family Law Partner

Industries







Teams

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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