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Agreement Before Marriage

Agreement Before Marriage Template for Australia

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Key Requirements PROMPT example:

Agreement Before Marriage

"I need an Agreement Before Marriage for my upcoming wedding in March 2025, which must protect my tech startup company and international property holdings in both Australia and Singapore, with specific provisions for future intellectual property rights."

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Document background
The Agreement Before Marriage is a crucial legal document in Australian family law, designed to provide clarity and certainty regarding financial arrangements between prospective spouses. Used primarily by couples seeking to protect existing assets, business interests, or inheritance rights before entering into marriage, this agreement is particularly relevant for high-net-worth individuals, business owners, or those with complex financial arrangements. The document must comply with strict requirements under the Family Law Act 1975, including mandatory independent legal advice for both parties. It typically includes comprehensive financial disclosure, detailed asset schedules, and specific provisions for property division in case of separation. While common in scenarios involving significant assets or business interests, these agreements are increasingly used across various socioeconomic backgrounds as a practical approach to financial planning in modern relationships.
Suggested Sections

1. Parties: Identification and details of both parties entering into the agreement

2. Background: Context of the agreement, including the intended marriage and purpose of the agreement

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation

4. Independent Legal Advice: Declarations regarding receipt of independent legal advice by both parties

5. Financial Disclosure: Statements regarding full disclosure of financial circumstances by both parties

6. Separate Property: Definition and treatment of property owned separately by each party

7. Joint Property: Treatment of property acquired jointly during the marriage

8. Financial Support: Arrangements regarding spousal maintenance and financial support

9. Property Division on Separation: Agreed method of property division in case of relationship breakdown

10. Dispute Resolution: Process for resolving disputes arising from the agreement

11. Severability: Provisions for maintaining validity if parts are found void

12. Amendment and Termination: Conditions and process for modifying or terminating the agreement

13. Governing Law: Specification of Australian law as governing law and jurisdiction

Optional Sections

1. Business Interests: Provisions regarding existing or future business interests, used when either party owns or may establish a business

2. Inheritance and Gifts: Treatment of inherited assets or expected inheritances, included when significant inheritance is expected

3. Existing Children: Provisions regarding children from previous relationships, included when either party has existing children

4. Future Children: Arrangements regarding future children of the marriage, optional based on parties' preferences

5. Intellectual Property: Protection of intellectual property rights, included for parties with significant IP assets

6. International Assets: Provisions for overseas assets and jurisdictional issues, included for parties with international interests

7. Death Benefits: Arrangements regarding superannuation, life insurance, and other death benefits

8. Confidentiality: Provisions regarding privacy and confidentiality of the agreement and relationship

9. Religious Requirements: Specific provisions aligned with religious beliefs or requirements, if applicable

Suggested Schedules

1. Schedule A - Assets and Liabilities: Detailed list of each party's assets and liabilities at the time of agreement

2. Schedule B - Financial Disclosure: Comprehensive financial statements from both parties

3. Schedule C - Business Valuations: Independent valuations of business interests (if applicable)

4. Schedule D - Superannuation Interests: Details of superannuation holdings and agreed treatment

5. Schedule E - Property Valuations: Current market valuations of significant property assets

6. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from both parties' legal advisors

7. Appendix 2 - Supporting Documents: Copies of relevant documents referenced in the agreement

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Legal Services

Financial Services

Professional Services

Real Estate

Business Advisory

Wealth Management

Family Office Services

Private Banking

Agricultural

Mining and Resources

Relevant Teams

Legal

Private Client Services

Wealth Management

Estate Planning

Financial Advisory

Corporate Services

Property Services

Family Law

Document Services

Client Relations

Relevant Roles

Family Lawyer

Legal Counsel

Private Client Advisor

Wealth Manager

Estate Planning Attorney

Financial Advisor

Business Advisor

Property Lawyer

Relationship Manager

Legal Partner

Senior Associate

Private Banker

Family Office Manager

Trust Manager

Industries
Family Law Act 1975 (Cth): The primary federal legislation governing family law matters in Australia, particularly Part VIIIA which deals with financial agreements before marriage (prenuptial agreements), including requirements for validity and enforcement
Marriage Act 1961 (Cth): Federal legislation that establishes the legal framework for marriages in Australia, which is relevant for the timing and validity of the agreement in relation to the marriage
State Property Laws: Various state-specific property laws that may affect how assets are dealt with in the agreement, particularly for real estate and other property-related matters
Australian Consumer Law: Relevant for ensuring fair contract terms and consumer protections, particularly in relation to disclosure requirements and unfair contract terms
Contract Law Principles: Common law principles governing contract formation, validity, and enforcement, including requirements for consideration, capacity, and consent
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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