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Structured Separation Agreement Template for Australia

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Key Requirements PROMPT example:

Structured Separation Agreement

"I need a Structured Separation Agreement for a mutual separation effective March 1, 2025, involving the division of a family home in Sydney, two investment properties, and shared retirement accounts, with both parties wanting a clean break and no ongoing financial obligations."

Document background
The Structured Separation Agreement is a crucial legal instrument in Australian family law, designed for couples (married or de facto) who have decided to separate and wish to formalize their arrangements without immediately proceeding to divorce. This agreement, governed by the Family Law Act 1975 (Cth), provides a comprehensive framework for documenting all aspects of separation, including property division, financial settlements, and parenting arrangements if children are involved. It serves as a binding legal document once properly executed and can be registered with the Family Court of Australia. The agreement is particularly valuable for couples who want to maintain control over their separation terms while ensuring legal enforceability. It requires both parties to receive independent legal advice and must comply with strict legal requirements to be valid under Australian law.
Suggested Sections

1. Parties: Identification of both parties to the agreement, including full legal names, addresses, and occupations

2. Background: Brief history of the relationship, date of marriage/cohabitation, date of separation, and reason for creating the agreement

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

4. Separation Declaration: Formal acknowledgment of separation and intention to live separately and apart

5. Division of Property: Comprehensive arrangement for division of real estate, vehicles, household items, and personal property

6. Financial Arrangements: Details of financial settlement, including bank accounts, investments, and superannuation splits

7. Mutual Release: Release of future claims against each other's property or estate

8. Confidentiality: Terms regarding confidentiality of the agreement and personal matters

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

10. Independent Legal Advice: Acknowledgment that both parties have received independent legal advice

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

12. Execution: Formal execution clauses and signing requirements

Optional Sections

1. Parenting Arrangements: Required if there are children under 18 - includes living arrangements, decision-making responsibilities, and time spent with each parent

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

3. Spousal Maintenance: Include if ongoing financial support is being provided by one party to the other

4. Business Interests: Required if either party owns business interests - details division or ongoing management of business assets

5. International Assets: Include if parties have assets in multiple jurisdictions

6. Pets and Animals: Include if there are pets requiring custody or care arrangements

7. Future Property: Include if there are expected inheritances or future property acquisitions to address

8. Social Media and Privacy: Include if specific arrangements regarding social media conduct and privacy are needed

9. Debt Allocation: Required if there are significant debts to be allocated between parties

Suggested Schedules

1. Schedule A - Property List: Comprehensive list of all real estate properties with current valuations

2. Schedule B - Personal Property: Detailed inventory of personal property and agreed allocation

3. Schedule C - Financial Accounts: List of all bank accounts, investments, and superannuation accounts

4. Schedule D - Motor Vehicles: Details of all vehicles and their agreed allocation

5. Schedule E - Liabilities: List of all debts and liabilities and their agreed allocation

6. Schedule F - Business Assets: Detailed list of business assets and their agreed treatment

7. Appendix 1 - Parenting Plan: Detailed parenting arrangements if applicable

8. Appendix 2 - Child Support Calculations: Detailed child support calculations and arrangements if applicable

9. Appendix 3 - Superannuation Splitting Orders: Draft superannuation splitting orders if applicable

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

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Legal Services

Family Law

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Client Services

Compliance

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Relevant Roles

Family Lawyer

Legal Partner

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Paralegal

Family Court Judge

Family Dispute Resolution Practitioner

Mediator

Financial Advisor

Estate Planning Lawyer

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Court Registrar

Property Valuer

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