Divorce Property Division Agreement Template for Australia

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Key Requirements PROMPT example:

Divorce Property Division Agreement

"I need a Divorce Property Division Agreement for a couple separating in March 2025, covering the division of their family home in Sydney, two investment properties, and shared retirement accounts, with a clean break approach and no ongoing financial obligations between parties."

Document background
A Divorce Property Division Agreement is a crucial legal document used in Australian family law proceedings to formalize the division of assets between divorcing couples. This agreement is typically prepared after separation but can be executed either before or after divorce proceedings have commenced. It must comply with the Family Law Act 1975 and related legislation, requiring full financial disclosure from both parties and independent legal advice. The document comprehensively covers all matrimonial assets including real estate, personal property, financial accounts, superannuation, business interests, and liabilities. It serves as a binding agreement that can be enforced by Australian courts and helps prevent future disputes over property division. The agreement is particularly important for high-value estates, complex asset structures, or situations involving business interests and international assets.
Suggested Sections

1. Parties: Identification of both parties to the agreement, including full legal names, addresses, and any other relevant identifying information

2. Background: Brief history of the marriage, date of separation, and context for the agreement

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

4. Acknowledgments: Statements confirming each party has received independent legal advice, understanding of the agreement, and full financial disclosure

5. Division of Real Property: Details of how real estate assets will be divided or transferred between parties

6. Division of Personal Property: Agreement on division of personal items, vehicles, furniture, and other tangible assets

7. Financial Assets: Division of bank accounts, investments, shares, and other financial assets

8. Superannuation: Treatment and division of superannuation interests

9. Liabilities: Allocation of debts and ongoing financial obligations

10. Implementation: Timeframes and processes for implementing the property division

11. Taxation Matters: How tax liabilities and benefits will be handled

12. Release and Indemnity: Mutual releases and indemnities between parties

13. Dispute Resolution: Process for resolving any future disputes about the agreement

14. General Provisions: Standard boilerplate clauses including governing law, severability, and entire agreement

Optional Sections

1. Business Interests: Required when either party owns business assets or shares in private companies

2. International Assets: Needed when parties have assets located outside Australia

3. Future Inheritance: Used when there are expected inheritances that need to be addressed

4. Spousal Maintenance: Required when ongoing financial support is part of the agreement

5. Trust Interests: Needed when either party has interests in family or other trusts

6. Intellectual Property: Required when dealing with patents, trademarks, or other intellectual property

7. Life Insurance: Used when addressing existing life insurance policies and their beneficiaries

8. Family Loans: Required when addressing loans from family members or related parties

Suggested Schedules

1. Schedule A - Real Property: Detailed list of all real estate assets including addresses, titles, and current valuations

2. Schedule B - Personal Property: Itemized list of personal property items and their agreed values

3. Schedule C - Financial Assets: Complete list of bank accounts, investments, and other financial assets with account details

4. Schedule D - Superannuation Interests: Details of all superannuation accounts and agreed splitting arrangements

5. Schedule E - Liabilities: Comprehensive list of all debts and liabilities including mortgage, loans, and credit cards

6. Schedule F - Business Assets: Detailed description of business assets and agreed valuations

7. Schedule G - Documents for Transfer: List of documents required for implementing the agreement

8. Appendix 1 - Independent Legal Advice Certificates: Certificates from each party's legal representative confirming advice given

9. Appendix 2 - 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

Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Financial Services

Real Estate

Banking

Insurance

Asset Management

Family Services

Professional Services

Wealth Management

Property Management

Relevant Teams

Legal

Family Law

Property Law

Dispute Resolution

Document Processing

Client Services

Advisory Services

Wealth Management

Property Settlement

Mediation

Relevant Roles

Family Lawyer

Legal Counsel

Divorce Attorney

Property Lawyer

Financial Advisor

Wealth Manager

Estate Planning Specialist

Mediator

Legal Secretary

Paralegal

Court Clerk

Family Law Associate

Property Settlement Officer

Legal Document Specialist

Family Law Partner

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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