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Notary Separation Agreement Template for Australia

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Key Requirements PROMPT example:

Notary Separation Agreement

"I need a Notary Separation Agreement under Australian law for a complex separation involving international property assets in Singapore and New Zealand, with specific provisions for the division of multiple investment properties and a family business."

Document background
A Notary Separation Agreement is a crucial legal document used in Australian family law when parties wish to formally document their separation arrangements with additional notarial authentication. This document is particularly important when parties require a higher level of formal verification, especially for international recognition or when significant assets are involved. The agreement must comply with the Family Law Act 1975 (Cth) and relevant state legislation, and requires notarization by an authorized notary public. It typically includes comprehensive details about property division, financial arrangements, child custody if applicable, and mutual obligations post-separation. The document serves as evidence of the parties' intentions and agreements, providing a clear framework for the separation and potentially simplifying any future legal proceedings.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including full legal names, addresses, and occupations

2. Background: Outlines the history of the relationship, date of marriage/cohabitation, date of separation, and reason for creating the agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Acknowledgments: Statements confirming both parties have received independent legal advice and understand their rights and obligations

5. Separation Declaration: Formal declaration of separation and intent to live separately and apart

6. Division of Property: Details how all joint and individual property will be divided between the parties

7. Financial Arrangements: Outlines financial settlements, including any lump sum payments or ongoing financial support

8. Mutual Release: Statements releasing each party from future claims against the other's estate or property

9. Confidentiality: Terms regarding the confidentiality of the agreement and personal matters

10. Governing Law: Specifies that the agreement is governed by Australian law and the relevant jurisdiction

11. Execution: Formal execution clause including notary attestation and party signatures

Optional Sections

1. Children's Arrangements: Required if the parties have children - details custody, visitation, and support arrangements

2. Spousal Maintenance: Include if ongoing financial support between parties is agreed upon

3. Business Interests: Required if either party owns business interests that need to be addressed

4. Superannuation Split: Include if superannuation benefits are to be divided between the parties

5. Pets and Animals: Include if arrangements need to be made for family pets

6. Future Dispute Resolution: Optional clause outlining how future disputes will be resolved

7. International Travel: Required if there are children and international travel arrangements need to be specified

8. Social Media and Privacy: Optional section regarding social media behavior and privacy expectations

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

10. Future Property: Optional section addressing the treatment of property acquired after separation

Suggested Schedules

1. Schedule A - Asset Schedule: Detailed listing of all assets owned by either party, including current valuations

2. Schedule B - Liability Schedule: Comprehensive list of all debts and liabilities of both parties

3. Schedule C - Children's Care Schedule: Detailed parenting schedule including holidays and special occasions

4. Schedule D - Property Transfer Timeline: Timeline for the transfer or sale of properties and assets

5. Schedule E - Personal Effects Inventory: Detailed list of personal items and their agreed distribution

6. Appendix 1 - Independent Legal Advice Certificates: Certificates from each party's legal representative confirming advice given

7. Appendix 2 - Financial Disclosure Statements: Detailed financial statements from both parties

8. Appendix 3 - Valuation Reports: Professional valuations of significant assets if applicable

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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Legal Services

Financial Services

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Banking

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Notary Public

Family Lawyer

Legal Administrator

Paralegal

Court Registrar

Family Court Judge

Legal Secretary

Mediator

Financial Advisor

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Property Lawyer

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