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Pre Separation Agreement
"I need a Pre-Separation Agreement that covers the division of multiple business interests, including two retail stores and an online business, plus our investment property portfolio, with specific attention to protecting intellectual property rights and future business growth."
1. Parties: Identification and details of all parties to the agreement
2. Background: Context of the relationship, purpose of the agreement, and acknowledgment of independent legal advice
3. Definitions and Interpretation: Definitions of key terms and interpretation clauses
4. Financial Disclosure: Declarations regarding full disclosure of financial positions by both parties
5. Division of Property: Agreed arrangements for division of real estate, vehicles, and personal property
6. Financial Arrangements: Details of financial settlements, including bank accounts, investments, and superannuation
7. Debts and Liabilities: Allocation of responsibility for joint and individual debts
8. Future Property Rights: Agreement on how future acquired property will be treated
9. Confidentiality: Provisions regarding privacy and confidentiality of the agreement and parties' affairs
10. Dispute Resolution: Process for resolving any future disputes about the agreement
11. Severability: Provision ensuring validity of remaining clauses if any clause is found invalid
12. Governing Law: Specification of applicable law and jurisdiction
13. Execution: Signing requirements and attestation provisions
1. Business Interests: Required when either party owns business interests - covers management, division, or buyout arrangements
2. Intellectual Property: Needed when parties have joint or significant IP rights to be divided
3. Pets and Animals: Include when arrangements for pet custody and care need to be specified
4. Insurance Policies: Required when there are joint life, health, or other insurance policies to be addressed
5. Digital Assets: Include when there are significant digital assets or cryptocurrency to be divided
6. Family Loans: Required when there are outstanding loans from family members to be addressed
7. Cultural or Religious Requirements: Include when specific cultural or religious obligations need to be acknowledged
8. Future Inheritance: Required when expected inheritances need to be addressed
1. Schedule A - Real Estate: Detailed list of all real estate properties with titles, valuations, and agreed disposition
2. Schedule B - Personal Property: Comprehensive inventory of personal property items and their agreed distribution
3. Schedule C - Financial Assets: List of all bank accounts, investments, and superannuation accounts with current values
4. Schedule D - Debts and Liabilities: Detailed list of all debts and liabilities with agreed responsibility
5. Schedule E - Business Assets: Inventory of business assets, shares, and interests if applicable
6. Schedule F - Certificates of Independent Legal Advice: Signed certificates from each party's legal representative
7. Appendix 1 - Financial Statements: Current financial statements and valuations of major assets
8. Appendix 2 - Supporting Documents: Copies of relevant documents referenced in the agreement
Authors
Legal Services
Financial Services
Professional Services
Family Services
Real Estate
Banking
Insurance
Wealth Management
Social Services
Mediation Services
Legal
Human Resources
Employee Relations
People & Culture
Wealth Management
Financial Advisory
Corporate Affairs
Risk & Compliance
Dispute Resolution
Private Client Services
Family Lawyer
Legal Counsel
Mediator
Financial Advisor
Wealth Manager
HR Manager
Employee Relations Manager
Social Worker
Counselor
Estate Planning Attorney
Property Lawyer
Banking Relationship Manager
Insurance Advisor
Tax Accountant
Family Court Registrar
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