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Post Separation Agreement
"I need a Post Separation Agreement for a couple separating after 15 years of marriage, with substantial shared business interests including a family trust and investment property portfolio, to be executed by March 2025."
1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses
2. Background: Details of the relationship, including date of marriage/cohabitation, date of separation, and current living arrangements
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Acknowledgments: Statements confirming each party's understanding of the agreement and that they have received independent legal advice
5. Financial Disclosure: Declarations regarding full disclosure of financial circumstances by both parties
6. Property Division: Details of how all property, assets, and liabilities will be divided between the parties
7. Mutual Release: Provisions releasing each party from future claims against the other regarding property or financial matters
8. Implementation: Timeframes and practical steps for implementing the agreement
9. Dispute Resolution: Process for resolving any future disputes about the agreement
10. Governing Law: Specifies that the agreement is governed by Australian law and relevant jurisdictions
11. General Provisions: Standard legal provisions including severability, entire agreement, and amendments
1. Children's Arrangements: Details of parenting arrangements, including residence, contact, and decision-making responsibilities - included when the parties have children
2. Child Support: Arrangements for financial support of children - included when there are children and parties wish to formalize support arrangements
3. Spousal Maintenance: Details of any ongoing financial support between parties - included when relevant to the circumstances
4. Business Interests: Arrangements for handling shared business interests - included when parties have joint business ventures
5. Superannuation Splitting: Details of how superannuation will be divided - included when superannuation splitting is part of the settlement
6. Ongoing Financial Arrangements: Details of any ongoing shared financial responsibilities or arrangements - included when parties maintain joint financial obligations
7. Family Trust Arrangements: Provisions dealing with family trusts - included when parties have trust structures
8. Intellectual Property Rights: Division of intellectual property - included when relevant to the parties' circumstances
9. Future Asset Division: Provisions for dealing with future acquired assets or inheritances - included when parties want to address future property
10. International Aspects: Provisions dealing with international assets or arrangements - included when parties have international connections
1. Schedule A - Asset Schedule: Comprehensive list of all assets owned by either or both parties, including current valuations
2. Schedule B - Liability Schedule: Detailed list of all liabilities and debts of either or both parties
3. Schedule C - Distribution Schedule: Specific details of how each asset and liability will be divided or transferred
4. Schedule D - Parenting Schedule: Detailed parenting arrangements including calendars for regular care and special occasions
5. Schedule E - Implementation Timeline: Specific dates and deadlines for implementing various aspects of the agreement
6. Appendix 1 - Financial Statements: Copies of relevant financial statements and valuations
7. Appendix 2 - Independent Legal Advice Certificates: Certificates from each party's legal representative confirming independent legal advice
8. Appendix 3 - Supporting Documents: Copies of relevant supporting documents such as valuations, bank statements, or property titles
Authors
Effective Date
Separation Date
Parties
Child/Children
Property
Matrimonial Home
Joint Property
Separate Property
Financial Resources
Superannuation Interest
Matrimonial Assets
Liabilities
Child Support
Spousal Maintenance
Independent Legal Advice
Business Day
Confidential Information
Implementation Date
Matrimonial Cause
Financial Disclosure
Parenting Arrangements
Court
Dispute
Legal Personal Representative
Related Entities
Settlement Sum
Transfer Date
Execution Date
Family Home
Chattels
Income
Financial Institution
Binding Financial Agreement
De Facto Relationship
Estate
Future Property
Mutual Release
Professional Costs
Third Party
Acknowledgments
Independent Legal Advice
Financial Disclosure
Property Division
Asset Transfer
Liability Allocation
Superannuation
Child Arrangements
Child Support
Spousal Maintenance
Business Interests
Tax Matters
Confidentiality
Release and Indemnity
Implementation
Future Property
Bank Accounts
Motor Vehicles
Real Property
Personal Effects
Insurance
Document Execution
Further Assurance
Dispute Resolution
Governing Law
Severability
Amendment
Costs
Notices
Entire Agreement
Mutual Release
Binding Effect
Warranties
Default
Force Majeure
Termination
Jurisdiction
Waiver
Legal Services
Financial Services
Family Services
Professional Services
Wealth Management
Property Services
Banking
Insurance
Social Services
Mediation Services
Legal
Family Law
Dispute Resolution
Document Processing
Compliance
Advisory Services
Client Relations
Property Services
Wealth Management
Risk Management
Family Lawyer
Legal Partner
Legal Associate
Paralegal
Mediator
Financial Advisor
Family Court Registrar
Legal Secretary
Wealth Manager
Estate Planning Attorney
Property Lawyer
Family Dispute Resolution Practitioner
Legal Document Specialist
Relationship Manager
Compliance Officer
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