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Separation Agreement Cohabiting Couples Template for Australia

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Key Requirements PROMPT example:

Separation Agreement Cohabiting Couples

"I need a Separation Agreement Cohabiting Couples document for me and my partner of 5 years, with clear provisions for dividing our shared property including our apartment and two cars, but no children are involved."

Document background
The Separation Agreement Cohabiting Couples is a crucial legal document used in Australia when de facto partners decide to end their relationship. It's particularly relevant given that approximately 16% of couples in Australia live in de facto relationships. This document becomes essential when unmarried couples who have lived together on a genuine domestic basis need to formalize their separation arrangements. The agreement covers various aspects including property division, financial settlements, arrangements for children (if any), and other practical matters of separation. It's designed to comply with Australian legislation, particularly the Family Law Act 1975 and Property (Relationships) Act 1984, and can help prevent future disputes by clearly documenting agreed terms. The agreement is especially important for de facto relationships that have lasted for two years or more, or where there are children involved, as these situations carry specific legal rights under Australian law.
Suggested Sections

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

2. Background: History of the relationship, including start date, separation date, and acknowledgment of de facto status

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

4. Acknowledgments: Statements confirming each party's understanding of the agreement and that they received independent legal advice

5. Financial Disclosure: Declaration of assets, liabilities, and financial circumstances of both parties

6. Division of Property: Agreed arrangements for division of real estate, vehicles, furniture, and personal effects

7. Financial Settlement: Details of any financial settlements, including lump sum payments or periodic payments

8. Release and Indemnity: Mutual release of future claims and indemnification provisions

9. Confidentiality: Terms regarding privacy and confidentiality of the agreement and relationship details

10. Dispute Resolution: Process for resolving any future disputes regarding the agreement

11. Governing Law: Specification that the agreement is governed by Australian law

12. Execution: Signing requirements and attestation provisions

Optional Sections

1. Children: Used when there are children from the relationship, covering custody, access, and support arrangements

2. Pets: Used when there are pets to address ownership, care arrangements, and associated costs

3. Business Interests: Used when the parties have shared business interests that need to be divided or managed

4. Superannuation: Used when there are superannuation interests to be split or addressed

5. Ongoing Living Arrangements: Used when parties need to continue sharing living space for a period after separation

6. Future Property: Used when there is potential future property or inheritance to address

7. Debt Management: Used when there are significant shared debts to be allocated

8. Insurance Policies: Used when there are joint insurance policies to be addressed

9. Social Media and Digital Assets: Used when digital assets or social media conduct needs to be addressed

10. Medical Decisions: Used when ongoing medical decision-making authority needs to be addressed

Suggested Schedules

1. Schedule A - Asset Register: Detailed listing of all assets owned by either or both parties

2. Schedule B - Liability Register: Detailed listing of all debts and liabilities

3. Schedule C - Personal Property Allocation: Specific listing of how personal items will be divided

4. Schedule D - Financial Disclosure Statements: Detailed financial statements from both parties

5. Appendix 1 - Property Valuations: Professional valuations of significant assets

6. Appendix 2 - Independent Legal Advice Certificates: Certificates from each party's legal advisor

7. Appendix 3 - Parenting Plan: Detailed parenting arrangements if children are involved

8. Appendix 4 - Business Valuation: Professional valuation of any shared business interests

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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Relevant Roles

Lawyer

Family Law Specialist

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Paralegal

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Financial Advisor

Estate Planner

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