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Marital Separation And Property Settlement Agreement
"I need a Marital Separation and Property Settlement Agreement for a couple separating after 15 years of marriage, with significant business assets including a family company and investment property portfolio, to be executed by March 2025."
1. Parties: Identification of both parties to the agreement, including full legal names, addresses, and occupations
2. Background: Details of the marriage, date of separation, and current living arrangements
3. Definitions: Definitions of key terms used throughout the agreement
4. Separation Declaration: Formal acknowledgment of separation and intention to live separately
5. Division of Property: Comprehensive arrangements for division of real estate, vehicles, household items, and personal effects
6. Financial Arrangements: Details of bank accounts, investments, and other financial assets division
7. Superannuation: Arrangements for splitting or maintaining superannuation accounts
8. Debts and Liabilities: Division and responsibility for joint debts, mortgages, and other liabilities
9. Mutual Release: Release of future claims against each other's estate or property
10. Documentation and Transfer: Requirements for signing transfer documents and cooperating with administrative processes
11. Confidentiality: Provisions regarding privacy and confidentiality of the agreement terms
12. Dispute Resolution: Process for resolving any future disputes regarding the agreement
13. Governing Law: Specification that the agreement is governed by Australian law
14. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Children's Arrangements: Used when there are children from the marriage, covering custody, access, and support arrangements
2. Business Interests: Required when either party owns business interests that need to be divided or managed
3. Spousal Maintenance: Included when ongoing financial support is to be provided by one party to the other
4. Pets and Animals: Used when arrangements need to be made for family pets
5. International Assets: Required when parties have assets in multiple jurisdictions
6. Family Trust Arrangements: Included when there are family trusts that need to be addressed
7. Intellectual Property: Used when either party has IP rights that need to be addressed
8. Future Inheritance: Required when expected inheritances need to be addressed in the agreement
9. Life Insurance: Used when arrangements regarding life insurance policies need to be specified
1. Schedule A - Real Property: Detailed list of all real estate properties and their agreed disposition
2. Schedule B - Personal Property: Comprehensive inventory of personal property including furniture, artwork, and valuables
3. Schedule C - Financial Accounts: List of all bank accounts, investments, and their agreed division
4. Schedule D - Superannuation: Details of superannuation accounts and splitting arrangements
5. Schedule E - Vehicles: List of all vehicles and their agreed disposition
6. Schedule F - Debts and Liabilities: Detailed list of all debts and liabilities and their allocation
7. Appendix 1 - Financial Statements: Current financial statements of both parties
8. Appendix 2 - Property Valuations: Professional valuations of significant assets
9. Appendix 3 - Business Valuations: If applicable, professional valuations of business interests
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