Divorce Agreement Contract Template for Australia

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Key Requirements PROMPT example:

Divorce Agreement Contract

"I need a Divorce Agreement Contract that covers the division of our family home, joint investment properties, and shared business interests, with specific provisions for splitting superannuation and handling our international assets in both Australia and New Zealand."

Document background
The Divorce Agreement Contract is a crucial legal document used in Australian family law proceedings to formalize the separation arrangements between divorcing spouses. This document is typically prepared after the parties have decided to divorce but before or alongside the formal divorce application. It encompasses comprehensive details about property division, financial settlements, and parenting arrangements if children are involved. The agreement must comply with the Family Law Act 1975 and related Australian legislation, and often forms the basis for consent orders that can be filed with the Family Court. This document is essential for ensuring clear, legally binding arrangements between the parties and can help avoid future disputes by explicitly stating all agreed terms. It's particularly important to note that while the divorce itself dissolves the marriage, this agreement handles the practical aspects of separation including asset division and ongoing obligations.
Suggested Sections

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

2. Background: Brief history of the marriage, including date of marriage, date of separation, and reason for divorce

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

4. Acknowledgments: Mutual acknowledgments regarding independent legal advice, full disclosure, and intention to be bound

5. Date of Separation: Formal declaration of the date of separation and its implications

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

7. Financial Obligations: Overview of ongoing financial obligations, including any spousal maintenance

8. Release and Indemnity: Mutual releases from future claims and indemnifications

9. Confidentiality: Terms regarding the confidentiality of the agreement and personal information

10. Dispute Resolution: Process for resolving any future disputes regarding the agreement

11. General Provisions: Standard contractual provisions including governing law, severability, and entire agreement

12. Execution: Signing requirements and witness provisions

Optional Sections

1. Parenting Arrangements: Required if there are children under 18 - details custody arrangements, visitation rights, and decision-making responsibilities

2. Child Support: Required if there are dependent children - outlines child support obligations and arrangements

3. Business Interests: Required if parties have shared business interests - details the division or management of business assets

4. Superannuation Splitting: Required if superannuation is to be split between parties - details the division of superannuation interests

5. Pets and Animals: Required if there are pets to be considered - details custody and care arrangements for pets

6. International Assets: Required if parties have overseas assets - addresses jurisdiction and division of international property

7. Social Media and Privacy: Optional section addressing social media conduct and privacy expectations post-separation

8. Future Inheritance: Required if there are expected inheritances to address - deals with future inherited assets

9. Life Insurance: Required if there are ongoing life insurance obligations - details requirements for maintaining policies

Suggested Schedules

1. Schedule A - Asset and Liability Schedule: Comprehensive list of all matrimonial assets and liabilities with agreed values

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

3. Schedule C - Parenting Schedule: Detailed parenting time schedule including holidays and special occasions

4. Schedule D - Child Support Calculations: Detailed calculations and arrangements for child support payments

5. Schedule E - Superannuation Details: Details of superannuation splitting arrangements and relevant fund information

6. Schedule F - Business Assets: Detailed listing of business assets and their agreed division

7. Appendix 1 - Financial Disclosure: Sworn financial statements from both parties

8. Appendix 2 - Independent Valuations: Any professional valuations obtained for property or businesses

9. Appendix 3 - Consent Orders: Draft consent orders to be filed with the court

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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Banking

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Client Services

Mediation

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Family Lawyer

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Mediator

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Paralegal

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Financial Advisor

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