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Standard Divorce Agreement
"I need a Standard Divorce Agreement for a separation involving two children under 12, shared ownership of a family home, and two investment properties, with the divorce to be finalized by March 2025."
1. Parties: Identification of both parties to the divorce, including full legal names, addresses, and occupations
2. Background: Details of the marriage, including date and place of marriage, date of separation, and grounds for divorce
3. Definitions: Definitions of key terms used throughout the agreement
4. Acknowledgments: Mutual acknowledgments regarding the irretrievable breakdown of marriage and independent legal advice received
5. Date of Separation: Formal confirmation of the date of separation and its implications
6. Divorce Application: Agreement regarding the filing of divorce application and cooperation between parties
7. Division of Assets: Comprehensive arrangement for the division of matrimonial property and assets
8. Division of Liabilities: Agreement on the allocation of joint debts and liabilities
9. Mutual Release: Release of future claims against each other's property or estate
10. Confidentiality: Terms regarding the confidentiality of the agreement and divorce proceedings
11. Governing Law: Specification that the agreement is governed by Australian law
12. Execution: Formal execution clauses and signature blocks
1. Child Custody and Access: Required when there are children under 18, detailing custody arrangements, visitation rights, and parental responsibilities
2. Child Support: Required for children under 18, specifying child support arrangements and calculations
3. Spousal Maintenance: Include when ongoing financial support between parties is agreed upon
4. Superannuation Splitting: Required when superannuation interests are to be divided between parties
5. Business Interests: Include when parties share business interests that need to be divided
6. Restraining Orders: Include when there are agreed restrictions on contact or behavior
7. International Travel: Required when there are children and international travel arrangements need to be specified
8. Religious Divorce: Include when religious divorce proceedings are also required
9. Tax Matters: Include when specific tax arrangements or implications need to be addressed
10. Pets: Include when arrangements for family pets need to be specified
1. Schedule A - Asset Schedule: Detailed listing of all matrimonial assets and their agreed values
2. Schedule B - Liability Schedule: Detailed listing of all joint liabilities and their allocation
3. Schedule C - Child Custody Schedule: Detailed parenting schedule including holiday arrangements and special occasions
4. Schedule D - Property Transfer Details: Specific details for the transfer of real property including timing and mechanisms
5. Schedule E - Superannuation Details: Details of superannuation splitting arrangements including account information
6. Appendix 1 - Property Valuations: Professional valuations of significant assets
7. Appendix 2 - Financial Statements: Relevant financial statements and documents
8. Appendix 3 - Child Support Calculations: Detailed child support calculations and assumptions
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