Divorce And Settlement Agreement Template for Australia

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Key Requirements PROMPT example:

Divorce And Settlement Agreement

"I need a Divorce and Settlement Agreement for a couple separating after 15 years of marriage, with two minor children and significant assets including a family home, investment property, and shared business interests, with the separation date set for March 1, 2025."

Document background
The Divorce and Settlement Agreement is a crucial legal document in Australian family law that combines both the termination of marriage and comprehensive settlement arrangements between separating parties. It is typically used when couples have reached mutual agreement on separation terms and wish to formalize these arrangements in a legally binding document. The agreement must comply with the Family Law Act 1975 and related legislation, covering aspects such as property division, financial settlements, spousal maintenance, and where relevant, parenting arrangements and child support. This document can be particularly valuable in preventing future disputes by clearly documenting all agreed terms and can be registered with the Family Court for additional legal protection. It represents a complete resolution of matrimonial matters and requires independent legal advice for both parties before execution.
Suggested Sections

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

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

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

4. Acknowledgments: Mutual acknowledgments regarding independent legal advice, disclosure, and voluntary nature of the agreement

5. Separation Declaration: Formal declaration of separation and intent to divorce

6. Division of Property: Comprehensive arrangements for the division of all marital assets and liabilities

7. Financial Arrangements: Details of any ongoing financial obligations, including spousal maintenance if applicable

8. Release of Rights: Mutual release of future claims against each other's assets and estates

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 legal provisions including governing law, severability, and entire agreement clauses

12. Execution: Signing requirements and attestation provisions

Optional Sections

1. Parenting Arrangements: Required if the parties have children under 18, detailing custody, visitation, and decision-making arrangements

2. Child Support: Required if there are dependent children, detailing support obligations and arrangements

3. Spousal Maintenance: Include if ongoing spousal support is part of the settlement

4. Business Interests: Required if either party owns business interests that need to be addressed

5. Superannuation Splitting: Include if superannuation interests are to be split between parties

6. Pets: Include if arrangements need to be made for family pets

7. Family Trust Arrangements: Required if family trusts need to be addressed in the settlement

8. Intellectual Property Rights: Include if there are intellectual property rights to be divided

9. International Assets: Required if there are overseas assets or international considerations

10. Future Inheritance: Include if there are expected inheritances that need to be addressed

Suggested Schedules

1. Schedule A - Asset Schedule: Detailed listing of all matrimonial assets including real estate, vehicles, and personal property

2. Schedule B - Liability Schedule: Comprehensive list of all joint and individual liabilities

3. Schedule C - Bank Accounts and Investments: Details of all financial accounts and investment holdings

4. Schedule D - Superannuation Interests: List of all superannuation accounts and their agreed division

5. Schedule E - Personal Effects: Itemized list of personal items and their agreed distribution

6. Appendix 1 - Parenting Plan: Detailed parenting arrangements if children are involved

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

8. Appendix 3 - Business Valuations: Professional valuations of any business interests

9. Appendix 4 - Consent Orders: Draft consent orders to be filed with the court

10. Appendix 5 - Financial Disclosure Statements: Sworn financial 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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Insurance

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Client Services

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Family Lawyer

Legal Counsel

Mediator

Family Court Judge

Paralegal

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Financial Advisor

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Settlement Agent

Divorce Consultant

Property Valuer

Estate Planning Attorney

Family Court Registrar

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