Pre Divorce Agreement Template for Australia

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Key Requirements PROMPT example:

Pre Divorce Agreement

"I need a Pre-Divorce Agreement under Australian law for a separation involving jointly owned business interests and international assets, with specific provisions for maintaining business operations during the transition period starting March 2025."

Document background
A Pre-Divorce Agreement is a crucial document in Australian family law, designed to formalize arrangements between separating spouses before they proceed with divorce proceedings. This agreement is particularly valuable when parties wish to establish clear terms for their separation while ensuring compliance with the Family Law Act 1975 and related legislation. The document typically covers property division, financial settlements, and where relevant, parenting arrangements and child support. It's commonly used when parties have reached amicable agreements and want to document their arrangements formally, or when complex asset structures require detailed documentation. The agreement must meet specific requirements under Australian law, including the necessity for both parties to receive independent legal advice. While not mandatory, a Pre-Divorce Agreement can significantly streamline the subsequent divorce process and provide certainty for both parties during their separation period.
Suggested Sections

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

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

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

4. Separation Acknowledgment: Formal acknowledgment of separation and intention to divorce

5. Division of Property: General principles and agreement regarding the division of matrimonial property

6. Financial Arrangements: Overview of financial settlements, including any periodic payments or lump sums

7. Mutual Release: Provisions regarding the release of future claims against each other

8. Confidentiality: Terms regarding the confidentiality of the agreement and personal information

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

10. General Provisions: Standard contractual provisions including severability, entire agreement, and amendments

11. Execution: Signing provisions and requirements for independent legal advice certificates

Optional Sections

1. Children's Arrangements: Details of custody, access, and parenting arrangements - include when parties have children

2. Child Support: Arrangements for financial support of children - include when parties have children

3. Spousal Maintenance: Terms for ongoing financial support between parties - include when relevant to the circumstances

4. Business Interests: Arrangements regarding shared business interests - include when parties have joint business ventures

5. Superannuation Splitting: Details of superannuation division - include when superannuation splitting is agreed

6. International Assets: Provisions for overseas property and assets - include when parties have international holdings

7. Family Violence Orders: Reference to existing or required family violence orders - include when relevant

8. Future Dispute Resolution: Process for resolving future disputes - include when parties want specific dispute resolution mechanisms

9. Social Media and Privacy: Agreements regarding social media conduct and privacy - include when parties want specific privacy protections

Suggested Schedules

1. Schedule A - Asset Schedule: Comprehensive list of all matrimonial assets and their agreed values

2. Schedule B - Liability Schedule: List of all joint and individual liabilities and their treatment

3. Schedule C - Distribution Schedule: Detailed breakdown of how assets and liabilities will be distributed

4. Schedule D - Parenting Schedule: Detailed parenting arrangements including calendars and special occasions

5. Schedule E - Financial Obligations: Detailed breakdown of ongoing financial obligations and payment schedules

6. Appendix 1 - Property Valuations: Professional valuations of significant assets

7. Appendix 2 - Legal Advice Certificates: Certificates of independent legal advice from both parties' lawyers

8. Appendix 3 - Financial Disclosure Statements: Sworn financial statements from 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

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