Post Separation Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
A Post Separation Agreement is utilized in Australia when couples (married or de facto) have separated and wish to formalize their separation arrangements without immediately pursuing court proceedings. This comprehensive document is drafted under the provisions of the Family Law Act 1975 (Cth) and includes detailed arrangements for property division, financial settlements, and if relevant, parenting arrangements. It's particularly valuable for couples who have reached mutual agreement on separation terms and want these documented in a legally binding format. The agreement must comply with Australian legal requirements, including the necessity for both parties to receive independent legal advice. It can cover immediate separation arrangements and long-term provisions, making it a crucial document for achieving certainty and finality in separation matters while potentially avoiding more costly and time-consuming court proceedings.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Family Services

Professional Services

Wealth Management

Property Services

Banking

Insurance

Social Services

Mediation Services

Relevant Teams

Legal

Family Law

Dispute Resolution

Document Processing

Compliance

Advisory Services

Client Relations

Property Services

Wealth Management

Risk Management

Relevant Roles

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

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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