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Voluntary Divorce Agreement Template for Australia

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Key Requirements PROMPT example:

Voluntary Divorce Agreement

"Need a Voluntary Divorce Agreement for separation effective January 2025, with focus on dividing our property portfolio (3 investment properties) and superannuation accounts; no children involved and both parties will retain their own businesses."

Document background
The Voluntary Divorce Agreement is a crucial document in Australian family law proceedings, designed for couples who have reached mutual agreement on the terms of their divorce. This document becomes relevant after the mandatory 12-month separation period required by Australian law and before finalizing the divorce through the Federal Circuit and Family Court of Australia. The agreement comprehensively covers property division, financial arrangements, and parenting responsibilities if applicable. It serves as evidence of the parties' intentions and can be used to obtain consent orders from the court. The document must comply with the Family Law Act 1975 and related legislation, and both parties typically require independent legal advice before signing. Unlike contested divorces, this voluntary agreement demonstrates the parties' ability to reach amicable arrangements, potentially streamlining the legal process and reducing costs.
Suggested Sections

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

2. Background: Brief history of the marriage including date and place of marriage, date of separation, and confirmation that the marriage has broken down irretrievably

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

4. Acknowledgments: Mutual acknowledgments about the irretrievable breakdown of marriage, independent legal advice received, and full disclosure of assets

5. Separation Declaration: Formal declaration of separation and living separately and apart

6. Division of Property: General principles and overview of how matrimonial assets and liabilities will be divided

7. Mutual Release: Agreement that each party releases the other from all future claims

8. Confidentiality: Terms regarding the confidentiality of the agreement and divorce proceedings

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

10. Execution: Signing requirements and date of agreement

Optional Sections

1. Children's Arrangements: Details of parenting arrangements, including custody, visitation, and decision-making responsibilities - required if there are children under 18

2. Child Support: Terms of child support payments and arrangements - required if there are dependent children

3. Spousal Maintenance: Terms of any ongoing financial support between parties - included if spousal maintenance is agreed upon

4. Superannuation Splitting: Details of how superannuation will be divided - required if superannuation splitting is part of the settlement

5. Business Interests: Arrangements for any shared business interests - required if parties have joint business ventures

6. Taxation Matters: Agreements regarding tax liabilities and arrangements - included if there are significant tax implications

7. Future Dispute Resolution: Process for resolving future disputes - recommended for complex agreements

8. Insurance Policies: Arrangements regarding life, health, or other insurance policies - included if relevant

9. Pets: Arrangements for care and custody of family pets - included if there are pets involved

Suggested Schedules

1. Schedule A - Asset Schedule: Comprehensive list of all matrimonial assets including real estate, vehicles, bank accounts, and personal property

2. Schedule B - Liability Schedule: List of all joint and individual debts and liabilities

3. Schedule C - Property Transfer Details: Specific details of how and when property will be transferred between parties

4. Schedule D - Parenting Plan: Detailed parenting arrangements including schedules for time with each parent, holiday arrangements, and special occasions

5. Schedule E - Financial Obligations: Detailed breakdown of ongoing financial obligations including payment schedules

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

7. Appendix 2 - Superannuation Statements: Current statements for all superannuation accounts

8. Appendix 3 - Financial Disclosure: Complete financial disclosure statements from both parties

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

Relevant legal definitions

























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Relevant Industries

Legal Services

Family Law

Financial Services

Real Estate

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Professional Services

Banking

Insurance

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Legal

Human Resources

Benefits Administration

Compliance

Risk Management

Employee Relations

Corporate Affairs

Finance

Wealth Management

Property Management

Relevant Roles

Family Lawyer

Legal Counsel

Mediator

HR Manager

Benefits Administrator

Financial Advisor

Wealth Manager

Property Manager

Social Worker

Legal Administrator

Compliance Officer

Court Registrar

Family Court Judge

Divorce Coach

Estate Planner

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