Pre Marriage Divorce Agreement Template for Australia

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Key Requirements PROMPT example:

Pre Marriage Divorce Agreement

"I need a Pre Marriage Divorce Agreement that protects my established technology business and international property portfolio, while ensuring fair provisions for my fiancee who will be relocating from overseas for our planned wedding in March 2025."

Document background
A Pre Marriage Divorce Agreement is a crucial legal document for couples planning to marry in Australia who wish to establish clear financial arrangements in advance of their marriage. This type of agreement, governed by Part VIIIA of the Family Law Act 1975, provides certainty and protection for both parties' assets and financial interests. It is particularly valuable for individuals with substantial assets, business interests, expected inheritances, or those entering second marriages with existing financial obligations. The agreement must include comprehensive financial disclosure, receive independent legal advice for both parties, and comply with strict formal requirements to be legally binding. While sometimes viewed as unromantic, these agreements serve as important risk management tools for wealth preservation and can actually strengthen relationships by promoting open financial discussions before marriage.
Suggested Sections

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

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

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

4. Independent Legal Advice: Declarations regarding receipt of independent legal advice by both parties

5. Financial Disclosure: Acknowledgment of full financial disclosure and reference to detailed financial schedules

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

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

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

9. Debt Obligations: Treatment of existing and future debts

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

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

12. Governing Law: Specification of Australian law as governing law

13. Severability: Provision for survival of remaining clauses if some are found invalid

14. Execution: Formal execution clauses and signing requirements

Optional Sections

1. Business Interests: Protection of business assets and operational control - include when either party owns a business

2. Inheritance Protection: Protection of inherited or expected inherited assets - include when significant inheritance is expected

3. Children from Previous Relationships: Provisions protecting assets for children from previous relationships - include when applicable

4. International Assets: Special provisions for overseas assets - include when parties have international properties or investments

5. Intellectual Property: Protection of intellectual property rights - include for parties with significant IP assets

6. Family Gifts and Heirlooms: Special provisions for family treasures and gifts - include when there are significant family assets

7. Retirement Benefits: Treatment of superannuation and retirement accounts - include for parties with significant retirement assets

8. Life Insurance: Requirements for life insurance policies - include when specific life insurance arrangements are desired

Suggested Schedules

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

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

3. Schedule C - Joint Financial Plan: Agreed approach to joint finances during marriage

4. Schedule D - Business Valuations: Independent valuations of any business interests

5. Schedule E - Property Valuations: Current market valuations of significant real estate assets

6. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from legal practitioners confirming independent advice

7. Appendix 2 - Financial Statements: Recent financial statements, tax returns, and other financial documentation

8. Appendix 3 - Superannuation Statements: Current statements for all superannuation accounts

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
Relevant Industries

Legal Services

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Private Banking

Real Estate

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Accounting

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Legal

Private Client Services

Wealth Management

Family Office

Estate Planning

Business Advisory

Document Processing

Client Relations

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Family Lawyer

Private Client Lawyer

Wealth Manager

Financial Advisor

Family Office Manager

Private Banking Relationship Manager

Estate Planning Lawyer

Business Advisory Consultant

Tax Consultant

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Principal Lawyer

Business Valuation Expert

Family Law Specialist

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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