Nuptial Agreement Template for Australia

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Key Requirements PROMPT example:

Nuptial Agreement

"I need a Nuptial Agreement for my upcoming marriage in March 2025, specifically protecting my tech startup company and properties in both Australia and Singapore, with provisions for future intellectual property rights and company expansion."

Document background
A Nuptial Agreement (also known as a Binding Financial Agreement or prenuptial agreement) is used by couples planning to marry in Australia who wish to establish clear arrangements regarding their financial affairs and property. The agreement must comply with the Family Law Act 1975 and requires both parties to receive independent legal advice before signing. It typically includes comprehensive financial disclosure from both parties, detailed arrangements for property division and financial support in case of separation, and provisions for dealing with future acquired assets. The document is particularly relevant for couples with significant assets, business interests, expected inheritances, or those entering second marriages. It provides certainty and can help avoid costly legal disputes in the event of relationship breakdown.
Suggested Sections

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

2. Background: Context of the agreement, including the intended marriage and purpose of the agreement

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: Statement of full and frank disclosure of financial circumstances

6. Separate Property: Definition and treatment of property owned separately by each party

7. Joint Property: Treatment of property acquired jointly during the relationship

8. Financial Support: Arrangements regarding spousal maintenance and financial support

9. Separation Provisions: Financial arrangements in the event of separation

10. Death Provisions: Arrangements in the event of death of either party

11. Termination: Circumstances under which the agreement can be terminated

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

13. Execution: Formal execution provisions and signing requirements

Optional Sections

1. Children's Provisions: Used when there are existing children or to address future children's financial arrangements

2. Business Interests: Include when either party has significant business holdings or future business interests

3. Inheritance and Gifts: Used when addressing expected inheritances or significant gifts

4. International Assets: Include when either party has overseas assets or interests

5. Superannuation: Detailed provisions for superannuation splitting, used when significant super assets exist

6. Family Trust Interests: Include when either party has interests in family trusts

7. Intellectual Property: Used when either party has significant IP assets or potential

8. Debt Management: Include when addressing pre-existing debts or future debt arrangements

Suggested Schedules

1. Schedule A - Party 1 Assets and Liabilities: Detailed list of Party 1's financial position

2. Schedule B - Party 2 Assets and Liabilities: Detailed list of Party 2's financial position

3. Schedule C - Joint Assets and Liabilities: List of any existing joint assets and liabilities

4. Schedule D - Certificate of Independent Legal Advice - Party 1: Signed certificate from Party 1's lawyer

5. Schedule E - Certificate of Independent Legal Advice - Party 2: Signed certificate from Party 2's lawyer

6. Schedule F - Property Valuations: Professional valuations of significant assets

7. Schedule G - Business Valuations: Valuations of business interests (if applicable)

8. Schedule H - Superannuation Statements: Current superannuation fund statements for 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
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Legal Services

Financial Services

Wealth Management

Property & Real Estate

Professional Services

Family Services

Private Banking

Accounting Services

Relevant Teams

Legal

Private Client Services

Wealth Management

Estate Planning

Family Law

Property Law

Document Processing

Client Advisory

Relationship Management

Risk & Compliance

Relevant Roles

Family Lawyer

Legal Partner

Legal Associate

Private Client Advisor

Wealth Manager

Financial Planner

Estate Planning Lawyer

Property Lawyer

Legal Secretary

Paralegal

Business Advisor

Private Banker

Family Court Judge

Mediator

Trust 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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