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Simple Separation Agreement Template for Australia

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Key Requirements PROMPT example:

Simple Separation Agreement

"I need a Simple Separation Agreement that covers the division of our family home and joint business interests, with a planned separation date of March 1, 2025; we have no children but need specific provisions for our shared investment portfolio and holiday property in Queensland."

Document background
A Simple Separation Agreement is a crucial legal document used in Australian jurisdictions when parties wish to formally document their separation arrangements without immediately pursuing divorce proceedings. This document is particularly relevant for both married couples and de facto relationships who want to establish clear terms regarding property division, financial arrangements, and living situations. The agreement must comply with the Family Law Act 1975 and related Australian legislation, making it essential to have proper legal oversight during its preparation. The Simple Separation Agreement can help avoid future disputes by clearly documenting all agreed terms at the time of separation, though it's important to note that some aspects may need to be revised if circumstances change significantly or if the parties later proceed with divorce. The document should be drafted with consideration of all relevant state and federal laws, and both parties should seek independent legal advice before signing.
Suggested Sections

1. Parties: Identifies and defines the separating parties with their full legal names and current addresses

2. Background: Outlines the history of the relationship, date of marriage/cohabitation, date of separation, and current living arrangements

3. Definitions: Defines key terms used throughout the agreement

4. Date of Separation: Formally states the agreed date of separation, which is important for legal and financial purposes

5. Living Arrangements: Details the current and immediate future living arrangements of both parties

6. Division of Property: Outlines how the parties' property, assets, and personal belongings will be divided

7. Financial Arrangements: Covers the division of bank accounts, investments, and other financial assets

8. Debts and Liabilities: Addresses how existing debts and financial obligations will be handled

9. Future Financial Relations: States that the parties will maintain separate financial lives going forward

10. Mutual Release: Contains mutual releases from future claims related to the relationship

11. Confidentiality: Sets out the confidentiality obligations of both parties regarding the agreement and personal matters

12. Dispute Resolution: Outlines the process for resolving any future disputes about the agreement

13. General Provisions: Includes standard legal provisions such as governing law, entire agreement, and amendments

14. Execution: Contains the signature blocks and witness requirements

Optional Sections

1. Children's Arrangements: Required if the couple has children - covers custody, visitation, and parenting arrangements

2. Child Support: Required if there are children - details financial support arrangements for children

3. Spousal Maintenance: Include if one party will provide financial support to the other

4. Pets: Include if there are pets whose custody and care needs to be arranged

5. Business Interests: Required if the parties have joint business interests that need to be divided

6. Superannuation Splitting: Include if superannuation benefits are to be split between parties

7. International Assets: Required if there are assets located in other countries

8. Restraining Orders: Include if there are any existing or required restraining orders or protection orders

9. Tax Arrangements: Include if there are specific tax implications that need to be addressed

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

Suggested Schedules

1. Schedule A - Property List: Detailed inventory of all property being divided, including real estate, vehicles, and valuable items

2. Schedule B - Financial Assets: List of all financial assets including bank accounts, investments, and superannuation

3. Schedule C - Debts and Liabilities: Comprehensive list of all debts and liabilities and their agreed disposition

4. Schedule D - Personal Property Division: Detailed list of how personal property and household items will be divided

5. Schedule E - Parenting Plan: Detailed parenting arrangements if children are involved

6. Schedule F - Support Calculations: Calculations and details of any child or spousal support arrangements

7. Appendix 1 - Independent Legal Advice Certificates: Certificates from each party's lawyer confirming independent legal advice was received

8. Appendix 2 - Financial Disclosure Statements: Sworn financial statements from both parties

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 Industries

Legal Services

Financial Services

Real Estate

Family Services

Professional Services

Banking

Insurance

Property Management

Wealth Management

Social Services

Relevant Teams

Legal

Compliance

Family Law

Dispute Resolution

Property Services

Client Services

Document Processing

Advisory Services

Risk Management

Social Services

Relevant Roles

Family Lawyer

Legal Counsel

Paralegal

Mediator

Financial Advisor

Wealth Manager

Property Manager

Family Court Registrar

Legal Secretary

Settlement Agent

Relationship Manager

Social Worker

Family Consultant

Estate Planning Advisor

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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