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Divorce Separation Agreement Template for Australia

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Key Requirements PROMPT example:

Divorce Separation Agreement

"I need a Divorce Separation Agreement under Australian law for a couple with two minor children and jointly owned business interests, including specific provisions for shared custody arrangements and the division of business assets."

Document background
A Divorce Separation Agreement is a crucial legal document used in Australian family law when married couples decide to formally separate or divorce. This agreement, which must comply with the Family Law Act 1975 and related legislation, provides a structured framework for resolving various aspects of the separation, including property division, financial arrangements, and child-related matters. It is typically prepared after the parties have separated but can be drafted before or during divorce proceedings. The document serves multiple purposes: it clearly documents the agreed terms between parties, can be registered with the Family Court for additional legal protection, and helps prevent future disputes by providing clear guidelines for post-separation arrangements. The agreement requires careful consideration of various factors including asset valuation, future financial planning, and if applicable, children's needs, making it essential to seek proper legal and financial advice during its preparation.
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. Separation Acknowledgment: Formal acknowledgment of separation and intention to live separately

5. Division of Property: General principles and approach to division of matrimonial assets and liabilities

6. Financial Arrangements: Details of financial settlements, including any ongoing payments or maintenance

7. Mutual Release: Mutual release of future claims against each other's assets or estate

8. Tax Matters: Handling of tax obligations and arrangements

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

10. Confidentiality: Provisions regarding confidentiality of the agreement and personal matters

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

12. Severability: Provision stating that if any part of the agreement is invalid, the rest remains enforceable

13. Execution: Formal execution clauses and signature blocks

Optional Sections

1. Children's Arrangements: Required if there are children from the marriage - covers custody, visitation, and support arrangements

2. Spousal Maintenance: Include if ongoing financial support is to be provided by one party to the other

3. Business Interests: Required if the parties have joint business interests or need to divide business assets

4. Superannuation Splitting: Include if superannuation accounts are to be split between parties

5. International Assets: Required if there are assets located outside Australia

6. Pets: Include if arrangements need to be made for family pets

7. Insurance Policies: Include if there are joint insurance policies that need to be addressed

8. Intellectual Property: Required if there are joint intellectual property rights to be divided

Suggested Schedules

1. Schedule A - Asset Schedule: Detailed list of all matrimonial assets including real estate, vehicles, bank accounts, and personal property

2. Schedule B - Liability Schedule: Comprehensive list of all joint and individual liabilities

3. Schedule C - Division of Household Items: Detailed list of how household contents and personal effects are to be divided

4. Schedule D - Parenting Plan: Detailed arrangements for children including residence, contact, and special occasions

5. Schedule E - Financial Obligations: Detailed breakdown of ongoing financial obligations and payment schedules

6. Appendix 1 - Property Valuations: Professional valuations of major assets such as real estate or businesses

7. Appendix 2 - Superannuation Details: Details of superannuation accounts and splitting arrangements

8. Appendix 3 - Supporting Documents: Copies of relevant certificates, court orders, or other supporting documentation

Authors

Alex Denne

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

Relevant legal definitions









































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Relevant Industries

Legal Services

Financial Services

Professional Services

Real Estate

Banking

Insurance

Family Services

Social Services

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Relevant Teams

Legal

Family Law

Dispute Resolution

Private Client Services

Property Services

Financial Advisory

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Client Relations

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Compliance

Relevant Roles

Family Lawyer

Legal Counsel

Paralegal

Financial Advisor

Wealth Manager

Property Manager

Mediator

Family Court Registrar

Legal Secretary

Divorce Coach

Estate Planning Attorney

Social Worker

Family Counselor

Real Estate Agent

Banking Advisor

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