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Standard Divorce Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
The Standard Divorce Agreement is a crucial legal document used in Australian family law proceedings to formalize the terms and conditions of a divorce settlement. This document is essential when married couples seek to legally end their marriage and require a formal agreement that complies with the Family Law Act 1975. It encompasses comprehensive provisions for property settlement, financial arrangements, child custody (if applicable), and other relevant matters. The agreement is typically prepared after the parties have reached consensus on key issues, either through direct negotiation, mediation, or legal representation. It serves as a binding contract that can be registered with the Family Court of Australia and provides legal certainty for both parties moving forward. The document must align with Australian legal requirements and can be customized to address specific circumstances while maintaining its core legal framework.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Client Services

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Risk Management

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Relevant Roles

Family Lawyer

Legal Counsel

Mediator

Financial Advisor

Wealth Manager

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Family Court Registrar

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Paralegal

Divorce Coach

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