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Basic Prenuptial Agreement
"I need a Basic Prenuptial Agreement that protects my small business assets and includes provisions for intellectual property rights, as I'm a tech entrepreneur getting married in March 2025 to someone who also owns their own business."
1. Parties: Identifies and provides full legal details of both parties entering into the agreement
2. Background: States the intention to marry, purpose of the agreement, and acknowledgment of the binding nature of the agreement
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Independent Legal Advice: Statements confirming both parties have received independent legal advice, with details of the advising solicitors
5. Financial Disclosure: General provisions regarding the disclosure of financial circumstances by both parties
6. Separate Property: Details of assets and liabilities that will remain separate property of each party
7. Joint Property: Provisions for handling jointly acquired property during the marriage
8. Division of Property on Separation: Specifies how property will be divided in the event of separation or divorce
9. Spousal Maintenance: Provisions regarding any ongoing financial support between parties post-separation
10. Dispute Resolution: Procedures for resolving any disputes arising from the agreement
11. Severability: Provisions ensuring that if any part of the agreement is invalid, the rest remains enforceable
12. Governing Law: Specifies that the agreement is governed by Australian law and the Family Law Act 1975
13. Execution: Formal signing section including declarations and witness details
1. International Assets: Required when either party has significant assets outside Australia, detailing how foreign assets will be treated
2. Business Interests: Used when either party owns a business or has significant business interests that need protection
3. Inheritance and Gifts: Specific provisions for handling inherited assets or anticipated inheritances
4. Children from Previous Relationships: Provisions to protect assets intended for children from previous relationships
5. Intellectual Property Rights: Required when either party has significant intellectual property assets
6. Superannuation: Detailed provisions for handling superannuation interests, particularly relevant for parties with substantial super balances
7. Family Gifts and Loans: Provisions dealing with gifts or loans from family members during the marriage
8. Estate Planning Provisions: Optional provisions regarding mutual obligations for estate planning
9. Sunset Clause: Optional provision for the agreement to expire or be reviewed after a certain period
1. Schedule A - Party 1 Assets and Liabilities: Detailed list of Party 1's assets, liabilities, and financial resources at the time of agreement
2. Schedule B - Party 2 Assets and Liabilities: Detailed list of Party 2's assets, liabilities, and financial resources at the time of agreement
3. Schedule C - Joint Property Schedule: List of any existing joint property and agreed arrangements for future joint property
4. Schedule D - Certificates of Independent Legal Advice: Signed certificates from legal practitioners confirming independent advice given to each party
5. Schedule E - Financial Disclosure Statements: Detailed financial disclosure statements from both parties
6. Appendix 1 - Agreed Form of Financial Records: Template for ongoing financial record-keeping if required by the agreement
7. Appendix 2 - Dispute Resolution Procedures: Detailed procedures for dispute resolution, including mediation protocols
Authors
Assets
Binding Financial Agreement
Business Day
Commencement Date
De Facto Relationship
Effective Date
Financial Resources
Future Property
Income
Independent Legal Advice
Intellectual Property
Joint Property
Liabilities
Marriage
Marriage Date
Party 1
Party 2
Pre-marriage Property
Property
Separate Property
Separation
Separation Date
Spousal Maintenance
Superannuation Interest
Termination Event
The Parties
Third Party
Financial Institution
Children
Matrimonial Home
Legal Personal Representative
Business Interests
Family Court
Inheritance
Recitals
Definitions
Independent Legal Advice
Financial Disclosure
Pre-marriage Property
Property Division
Asset Protection
Separate Property
Joint Property
Future Acquisitions
Business Interests
Intellectual Property Rights
Superannuation
Spousal Maintenance
Inheritance Rights
Gift Treatment
Debt Allocation
Financial Records
Confidentiality
Dispute Resolution
Termination
Amendment
Severability
Governing Law
Notices
Costs
Entire Agreement
Further Assurance
Execution
Legal Services
Financial Services
Accounting
Wealth Management
Property and Real Estate
Banking
Family Services
Professional Services
Business Advisory
Legal
Compliance
Wealth Management
Private Client Services
Risk Management
Document Management
Client Relations
Advisory Services
Family Law Practice
Estate Planning
Family Lawyer
Legal Counsel
Wealth Manager
Financial Advisor
Estate Planning Attorney
Property Lawyer
Relationship Manager
Compliance Officer
Legal Administrator
Private Client Advisor
Business Advisor
Financial Controller
Risk Manager
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