Couples Agreement Template for Australia

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Key Requirements PROMPT example:

Couples Agreement

"I need a Couples Agreement for January 2025 that covers my partner's international property holdings in Singapore and New Zealand, and protects my growing technology startup, with specific provisions for future intellectual property rights."

Document background
A Couples Agreement is a crucial legal document used in Australia to establish clear financial and property arrangements between partners, whether entering into or already in a relationship. This agreement, governed by the Family Law Act 1975 and various state laws, serves as a preventive measure to avoid future disputes and provides certainty regarding asset division and financial responsibilities. It's particularly relevant for couples with significant assets, business interests, expected inheritances, or complex financial situations. The document must meet strict legal requirements, including mandatory independent legal advice for both parties, full financial disclosure, and proper execution procedures to ensure enforceability. The agreement can be customized to address specific circumstances such as business ownership, international assets, or cultural obligations, while maintaining compliance with Australian legal frameworks.
Suggested Sections

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

2. Background: Context of the relationship, purpose of the agreement, and acknowledgment of entering into it freely

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

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

5. Financial Disclosure: Declaration of financial positions of both parties

6. Property Division: Agreement on how property will be divided during the relationship and in case of separation

7. Financial Arrangements: Day-to-day financial responsibilities and arrangements

8. Dispute Resolution: Process for resolving any disputes that may arise

9. Severability: Clause ensuring remainder of agreement stays valid if any part is found invalid

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

11. Termination: Circumstances and process for terminating the agreement

12. Execution: Formal signing section including witness requirements

Optional Sections

1. Children: Arrangements regarding existing or future children (used when parties have or plan to have children)

2. Business Interests: Protection and management of business assets (used when either party owns a business)

3. Inheritance Rights: Treatment of inherited assets and future inheritances (used when significant inheritances are expected)

4. Pets: Arrangements for pet ownership and care (used when parties have shared pets)

5. International Assets: Provisions for overseas property and assets (used when parties have international holdings)

6. Superannuation: Treatment of superannuation interests (used when significant super balances exist)

7. Cultural Obligations: Specific cultural or religious requirements (used when parties have specific cultural considerations)

8. Health and Medical: Provisions for health-related decisions (used when specific health considerations exist)

Suggested Schedules

1. Schedule A - Asset Register: Comprehensive list of all assets owned by both parties at time of agreement

2. Schedule B - Liabilities Register: List of all debts and liabilities of both parties

3. Schedule C - Financial Disclosure Statements: Detailed financial statements from both parties

4. Schedule D - Certificates of Independent Legal Advice: Signed certificates from lawyers confirming advice given

5. Schedule E - Property Valuations: Professional valuations of significant assets

6. Schedule F - Business Interests: Details of business ownership and valuations

7. Schedule G - Superannuation Statements: Current superannuation statements from 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

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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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