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Matrimonial Agreement Template for Australia

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Key Requirements PROMPT example:

Matrimonial Agreement

"I need a Matrimonial Agreement drafted for a couple planning to marry in March 2025, where one party owns multiple business enterprises in Australia and investment properties in Singapore, and we need strong asset protection clauses with specific provisions for future business expansion."

Document background
A Matrimonial Agreement is a crucial legal document in Australian family law that allows couples to determine their financial arrangements either before, during, or after marriage. The agreement must comply with Part VIIIA of the Family Law Act 1975 (Cth) and requires strict adherence to statutory requirements to be legally binding. It typically includes comprehensive details about asset division, financial support arrangements, and the treatment of future acquired property. The document is particularly important for parties with significant assets, business interests, expected inheritances, or those entering second marriages. Each party must receive independent legal advice, and the agreement must include full financial disclosure to be valid. The document serves as a risk management tool, providing clarity and certainty about financial arrangements while potentially avoiding costly court proceedings in the event of relationship breakdown.
Suggested Sections

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

2. Background: Context of the agreement, including the intended marriage date and purpose of the agreement

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

4. Independent Legal Advice: Declarations regarding independent legal advice received by each party, as required by Section 90G of the Family Law Act

5. Full and Frank Disclosure: Acknowledgment of financial disclosure between parties

6. Separate Property: Definition and treatment of property owned separately by each party

7. Joint Property: Treatment of property acquired jointly during the marriage

8. Financial Support: Arrangements regarding spousal maintenance and financial support

9. Divorce or Separation: Property division and financial arrangements in case of relationship breakdown

10. Death of a Party: Treatment of assets and obligations upon death of either party

11. Binding Nature: Statements regarding the binding nature of the agreement and compliance with the Family Law Act

12. Severability: Provisions for severing invalid clauses while maintaining the validity of the remainder

13. Governing Law: Specification of Australian law as governing law and jurisdiction

14. Execution: Formal execution provisions and signing requirements

Optional Sections

1. International Assets: Required when either party has significant assets outside Australia

2. Business Interests: Required when either party owns business interests that need protection

3. Intellectual Property: Required when either party has significant intellectual property rights

4. Children: Optional section addressing financial arrangements for existing or future children, though child support cannot be legally excluded

5. Sunset Clause: Optional provision for agreement expiry after a specified period or event

6. Religious Requirements: Required when parties need to address specific religious marriage requirements

7. Family Gifts and Inheritance: Required when significant family gifts or inheritance are expected

8. Confidentiality: Optional provisions regarding privacy and confidentiality of the agreement and its terms

Suggested Schedules

1. Schedule A - Assets and Liabilities of First Party: Detailed list of all assets and liabilities of the first party at the time of agreement

2. Schedule B - Assets and Liabilities of Second Party: Detailed list of all assets and liabilities of the second party at the time of agreement

3. Schedule C - Joint Assets and Liabilities: List of any existing joint assets and liabilities

4. Schedule D - Certificates of Independent Legal Advice: Signed certificates from legal practitioners confirming independent advice

5. Schedule E - Financial Disclosure Statements: Detailed financial statements and supporting documents

6. Schedule F - Business Valuations: Professional valuations of any business interests (if applicable)

7. Appendix 1 - Compliance Checklist: Checklist confirming compliance with Section 90G requirements

8. Appendix 2 - Supporting Documents: Copies of relevant supporting documents such as property valuations or trust deeds

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

Financial Services

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Family Law

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Legal

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Document Production

Client Relations

Risk & Compliance

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Relevant Roles

Family Lawyer

Legal Partner

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Paralegal

Financial Advisor

Wealth Manager

Property Lawyer

Estate Planning Lawyer

Business Advisor

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Marriage Celebrant

Legal Secretary

Conveyancer

Tax Advisor

Business Accountant

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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