Controlled Separation Contract Template for Australia

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Key Requirements PROMPT example:

Controlled Separation Contract

"I need a Controlled Separation Contract for a 6-month trial separation starting March 1, 2025, covering shared custody of two children and management of our family business in Sydney, with specific provisions for possible reconciliation."

Document background
The Controlled Separation Contract is a specialized legal instrument used in Australian family law when couples wish to undertake a structured, temporary separation rather than immediate divorce proceedings. This document is particularly relevant when parties want to test living apart while maintaining clear guidelines about their rights and responsibilities, or when they wish to explore the possibility of reconciliation. The contract typically includes comprehensive provisions for financial arrangements, living situations, communication protocols, and if relevant, temporary child custody arrangements. It must comply with the Family Law Act 1975 (Cth) and related Australian legislation, and parties are required to obtain independent legal advice before signing. The agreement can be especially useful for high-net-worth individuals, couples with complex financial arrangements, or those who wish to maintain professional or social appearances during their separation period.
Suggested Sections

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

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

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

4. Acknowledgments: Parties' acknowledgment of receiving independent legal advice and entering the agreement voluntarily

5. Duration of Separation: Agreed period of separation and conditions for extension or termination

6. Living Arrangements: Details of physical separation arrangements, including residence and personal space

7. Financial Arrangements: Management of joint accounts, bill payments, and daily expenses during separation

8. Communication Protocol: Agreed methods and boundaries for communication between parties during separation

9. Property Status: Temporary arrangements regarding shared property and assets during separation

10. Confidentiality: Terms regarding privacy and disclosure of separation details to third parties

11. Dispute Resolution: Process for resolving disagreements during the separation period

12. Review and Variation: Provisions for reviewing and modifying the agreement

13. Termination: Circumstances and process for ending the controlled separation

Optional Sections

1. Children's Arrangements: Used when the couple has children - includes temporary custody, visitation, and parenting arrangements during separation

2. Pet Care Arrangements: Used when there are shared pets - details temporary care arrangements and responsibilities

3. Business Operations: Used when parties share business interests - outlines temporary management of shared business interests

4. Social Media Protocol: Used when parties want to establish clear guidelines about social media behavior during separation

5. Extended Family Contact: Used when parties want to establish guidelines for maintaining relationships with in-laws and extended family

6. Counselling Commitments: Used when parties agree to undergo counselling during separation - includes details of arrangement

7. Religious/Cultural Obligations: Used when specific religious or cultural practices need to be maintained during separation

8. International Travel: Used when parties need to address international travel arrangements, especially with children

9. Domestic Violence Orders: Used when there are existing or required protective orders to be acknowledged

Suggested Schedules

1. Schedule A - Asset Register: Comprehensive list of all shared assets and their current status

2. Schedule B - Liability Register: List of all joint debts and financial obligations

3. Schedule C - Agreed Expenses: Detailed breakdown of shared expenses and payment responsibilities

4. Schedule D - Contact Schedule: Detailed timetable for any agreed contact or communication

5. Schedule E - Children's Schedule: Detailed parenting schedule and arrangements if applicable

6. Appendix 1 - Financial Statements: Current financial positions of both parties

7. Appendix 2 - Property Valuations: Professional valuations of significant shared assets

8. Appendix 3 - Legal Advice Certificates: Certificates confirming independent legal advice received by both parties

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

Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Financial Services

Family Services

Social Services

Real Estate

Banking

Insurance

Mediation Services

Counseling Services

Wealth Management

Relevant Teams

Legal

Family Law

Dispute Resolution

Client Services

Document Processing

Compliance

Advisory Services

Property Services

Wealth Management

Risk Management

Relevant Roles

Family Lawyer

Legal Counsel

Mediator

Financial Advisor

Wealth Manager

Family Court Judge

Divorce Coach

Family Therapist

Social Worker

Estate Planner

Property Valuer

Relationship Counselor

Legal Secretary

Paralegal

Court Registrar

Industries
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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