Online Prenuptial Agreement Template for Australia

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Key Requirements PROMPT example:

Free Online Prenuptial Agreement

"I need a Free Online Prenuptial Agreement for my upcoming marriage in March 2025 that specifically protects my existing business interests and clearly outlines how future joint property will be divided, compliant with Australian law."

Document background
The Free Online Prenuptial Agreement template is designed for use in Australia by couples planning to marry who wish to establish clear financial arrangements before their marriage. This document, compliant with the Family Law Act 1975 (Cth), provides a framework for protecting both parties' financial interests and establishing clarity about property division in case of relationship breakdown. It requires careful consideration of existing assets, future financial arrangements, and must include comprehensive financial disclosure from both parties. While available as a free online template, it's crucial to note that both parties must obtain independent legal advice for the agreement to be binding, and the document must meet strict legislative requirements to be enforceable in Australian courts. The agreement typically covers pre-marriage assets, potential inheritances, business interests, and approaches to handling jointly acquired property during marriage.
Suggested Sections

1. Parties: Full legal names 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: Declarations that both parties have received independent legal advice, including details of the advising solicitors

5. Financial Disclosure: General provisions regarding the disclosure of financial circumstances by both parties

6. Separate Property: Identification and treatment of property owned by each party prior to marriage

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

8. Division of Property Upon Separation: Terms for property division in case of relationship breakdown

9. Spousal Maintenance: Provisions regarding ongoing financial support after separation

10. Dispute Resolution: Process for resolving disputes relating to the agreement

11. Severability: Clause ensuring partial invalidity doesn't void entire agreement

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

13. Execution: Formal execution provisions and signing requirements

Optional Sections

1. Business Interests: Provisions for handling business assets and interests when one or both parties own businesses

2. Inheritance and Gifts: Special provisions for inherited assets or gifts received during marriage

3. Children from Previous Relationships: Provisions addressing financial obligations to children from previous relationships

4. Superannuation: Specific arrangements regarding superannuation interests

5. International Assets: Provisions for assets held overseas when parties have international interests

6. Intellectual Property: Provisions for intellectual property rights when relevant to either party

7. Debts and Liabilities: Specific handling of pre-existing or future debts when parties have significant liabilities

8. Family Gifts and Loans: Provisions for handling gifts or loans from family members during marriage

Suggested Schedules

1. Schedule A - Assets and Liabilities of First Party: Detailed list of all assets and liabilities of the first party at the time of agreement

2. Schedule B - Assets and Liabilities of Second Party: Detailed list of all assets and liabilities of the second party at the time of agreement

3. Schedule C - Certificates of Independent Legal Advice: Signed certificates from legal practitioners confirming independent advice

4. Schedule D - Supporting Financial Documents: Key financial documents including bank statements, property valuations, and other relevant financial records

5. Schedule E - Specific Property Arrangements: Detailed arrangements for specific high-value assets or complex property interests

6. Appendix 1 - Compliance Checklist: Checklist ensuring all statutory requirements under the Family Law Act have been met

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

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Family Law

Wealth Management

Property and Real Estate

Private Banking

Estate Planning

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Legal Operations

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Estate Planning

Client Relations

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Property Law

Relevant Roles

Family Lawyer

Legal Assistant

Paralegal

Financial Advisor

Wealth Manager

Estate Planning Attorney

Property Lawyer

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Private Client Advisor

Financial Planner

Industries
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