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Pre Separation Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
A Pre-Separation Agreement is a crucial legal instrument in Australian family law that allows couples to proactively plan their separation arrangements while still living together. This type of agreement is particularly valuable for couples who wish to have clarity and certainty about their financial and property arrangements before actually separating. The document must comply with the Family Law Act 1975 (Cth) and related state legislation, requiring full financial disclosure and independent legal advice for both parties. It typically includes detailed provisions about property division, financial arrangements, debt allocation, and future property rights. While not as common as post-separation agreements, Pre-Separation Agreements are increasingly being used by couples who want to approach their potential separation in a organized and amicable manner, particularly those with complex asset structures or business interests.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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



































Clauses




































Relevant Industries

Legal Services

Financial Services

Professional Services

Family Services

Real Estate

Banking

Insurance

Wealth Management

Social Services

Mediation Services

Relevant Teams

Legal

Human Resources

Employee Relations

People & Culture

Wealth Management

Financial Advisory

Corporate Affairs

Risk & Compliance

Dispute Resolution

Private Client Services

Relevant Roles

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

Industries






Teams

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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