Divorce Settlement Agreement Template for Australia

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Key Requirements PROMPT example:

Divorce Settlement Agreement

"I need a Divorce Settlement Agreement for a high-net-worth separation involving multiple properties across Australia and a family business, with the settlement to be finalized by March 2025; both parties want to maintain business relationship post-divorce while ensuring clear division of personal assets."

Document background
A Divorce Settlement Agreement is a crucial legal document used in Australian family law proceedings to formalize the terms of separation between divorcing spouses. This comprehensive agreement is typically prepared after the parties have decided to divorce but can be drafted at any time after separation. It details the complete settlement of all matrimonial matters, including property division, financial arrangements, spousal maintenance, and where applicable, parenting arrangements and child support. The agreement must comply with the Family Law Act 1975 and related legislation, requiring both parties to obtain independent legal advice before signing. This document serves as a foundation for the formal divorce application and can be registered with the Family Court of Australia to make it legally binding. It's particularly important as it helps prevent future disputes by clearly documenting all agreed terms and conditions of the separation.
Suggested Sections

1. Parties: Identification of both parties to the agreement, including full legal names and addresses

2. Background: Details of the marriage, separation date, and general context for the agreement

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

4. Acknowledgments: Statements confirming both parties have received independent legal advice and are entering the agreement voluntarily

5. Division of Property: Comprehensive arrangement for the division of all marital assets and liabilities

6. Financial Settlement: Details of any lump sum payments, periodic payments, or other financial arrangements between the parties

7. Mutual Release: Clauses releasing each party from future claims against the other

8. Tax Provisions: Arrangements regarding tax liabilities and obligations

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

10. Severability: Provision stating that if any part of the agreement is found invalid, the rest remains enforceable

11. Entire Agreement: Confirmation that this document represents the complete agreement between parties

12. Execution: Signature blocks and execution details

Optional Sections

1. Parenting Arrangements: Required if the couple has children - details custody arrangements, visitation schedules, and decision-making responsibilities

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

3. Spousal Maintenance: Include if one party will provide ongoing financial support to the other

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

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

6. International Assets: Required if parties have assets in multiple jurisdictions

7. Pets and Animals: Include if there are arrangements needed for family pets

8. Future Dispute Resolution: Optional section outlining procedures for resolving future disputes

9. Insurance Arrangements: Include if there are specific arrangements regarding life, health, or other insurance policies

10. Intellectual Property: Required if there are shared intellectual property rights to be divided

Suggested Schedules

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

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

3. Schedule C - Parenting Schedule: Detailed weekly/monthly schedule for child custody and visitation arrangements

4. Schedule D - Property Valuations: Professional valuations of significant assets

5. Schedule E - Superannuation Details: Details of superannuation accounts and splitting arrangements

6. Appendix 1 - Financial Statements: Recent financial statements of both parties

7. Appendix 2 - Independent Legal Advice Certificates: Certificates from each party's legal representative confirming independent advice

8. Appendix 3 - Supporting Documents: Copies of relevant documents such as property titles, business valuations, or other supporting materials

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

Professional Services

Family Services

Dispute Resolution

Court Services

Social Services

Wealth Management

Property Services

Relevant Teams

Legal

Family Law

Dispute Resolution

Document Processing

Client Services

Compliance

Property Services

Financial Advisory

Mediation

Legal Operations

Relevant Roles

Family Law Solicitor

Legal Partner

Associate Lawyer

Paralegal

Legal Secretary

Mediator

Financial Advisor

Family Court Registrar

Legal Document Specialist

Property Valuer

Family Dispute Resolution Practitioner

Wealth Management Advisor

Estate Planning Lawyer

Legal Operations Manager

Compliance Officer

Industries
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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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