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Prenup For Common Law Marriage

Prenup For Common Law Marriage Template for Australia

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Prenup For Common Law Marriage

"I need a Prenup For Common Law Marriage to protect my technology startup and properties in both Australia and New Zealand, to be executed before my partner moves in with me in March 2025."

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Document background
A Prenup For Common Law Marriage (de facto relationship agreement) is a crucial legal document for couples in Australia who are in or planning to enter a de facto relationship. This agreement is particularly relevant given that de facto relationships have similar legal recognition to marriages under Australian law since the 2008 amendments to the Family Law Act 1975. The document should be used before or during a de facto relationship to establish clear arrangements regarding property division, financial obligations, and asset protection. It includes comprehensive details about separate and joint property, financial responsibilities, and arrangements in case of relationship breakdown. The agreement must comply with strict legal requirements including independent legal advice and full financial disclosure to be binding under Australian law. It's especially important for parties with significant assets, business interests, or complex financial arrangements.
Suggested Sections

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

2. Background: Context of the relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Acknowledgments: Confirmations regarding independent legal advice, voluntary execution, and disclosure

5. Separate Property: Definition and listing of assets and liabilities that remain separate property of each party

6. Joint Property: Treatment of jointly acquired property during the relationship

7. Financial Obligations: Day-to-day financial responsibilities and arrangements during the relationship

8. Separation Provisions: Property division and financial arrangements in case of relationship breakdown

9. Dispute Resolution: Process for resolving disagreements about the agreement

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

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

12. Execution: Formal signing requirements and declarations

Optional Sections

1. Business Interests: Protection of business assets and operation in case of separation

2. Inheritance and Gifts: Treatment of inherited assets or significant gifts received during the relationship

3. Superannuation: Handling of retirement accounts and pension benefits

4. Intellectual Property: Protection of intellectual property rights brought into or created during the relationship

5. Children's Provisions: Financial arrangements regarding existing or future children

6. Life Insurance: Requirements for life insurance policies and beneficiary designations

7. Estate Planning: Mutual obligations regarding wills and estate planning

8. Debts and Liabilities: Detailed handling of existing or future debts

9. International Assets: Special provisions for overseas property or investments

Suggested Schedules

1. Schedule A - Assets and Liabilities: Comprehensive list of each party's assets and liabilities at time of agreement

2. Schedule B - Financial Disclosure: Detailed financial statements from both parties

3. Schedule C - Property Valuations: Professional valuations of significant assets

4. Schedule D - Business Interests: Details of business ownership and valuations

5. Schedule E - Superannuation Interests: Details of retirement accounts and pension benefits

6. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from each party's legal representative

7. Appendix 2 - Supporting Documents: Copies of relevant documents referenced in the agreement

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
De Facto Relationship
Commencement Date
Separate Property
Joint Property
Financial Agreement
Financial Resources
Property
Relationship Property
Financial Contribution
Non-Financial Contribution
Separation
Separation Date
Child of the Relationship
Business Assets
Dividend
Income
Liabilities
Material Change
Matrimonial Home
Personal Effects
Pre-Relationship Assets
Post-Separation Assets
Professional Practice
Superannuation Interest
Trust
Business Day
Confidential Information
Default Event
Effective Date
Financial Records
Force Majeure Event
Independent Legal Advice
Intellectual Property Rights
Market Value
Notice
Related Entity
Binding Financial Agreement
Relationship Debt
Separate Debt
Capital Gain
Clauses
Interpretation
Relationship Status
Independent Legal Advice
Financial Disclosure
Separate Property Rights
Joint Property
Property Division
Financial Support
Business Protection
Inheritance Rights
Superannuation
Dispute Resolution
Confidentiality
Termination
Severability
Variation
Waiver
Notice
Binding Nature
Governing Law
Asset Protection
Debt Allocation
Income Distribution
Estate Rights
Property Acquisition
Gift Treatment
Child Support
Future Property
Legal Costs
Financial Records
Binding Financial Agreement
Review and Amendment
Force Majeure
Entire Agreement
Relevant Industries

Legal Services

Financial Services

Family Law

Wealth Management

Professional Services

Private Client Services

Estate Planning

Property Management

Banking

Relevant Teams

Legal

Private Client Services

Family Law

Wealth Management

Document Processing

Client Advisory

Estate Planning

Property Services

Relevant Roles

Family Lawyer

Legal Counsel

Private Client Advisor

Wealth Manager

Financial Planner

Estate Planning Attorney

Family Law Specialist

Property Lawyer

Legal Document Specialist

Relationship Manager

Private Banker

Financial Advisor

Legal Partner

Probate Specialist

Industries
Family Law Act 1975 (Cth): The primary federal legislation governing family law matters in Australia, including de facto relationships. Part VIIIAB specifically deals with financial matters relating to de facto relationships.
Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008: This amendment extended the Family Law Act to cover de facto relationships, allowing them to access the federal family law courts for property and maintenance matters.
Property (Relationships) Act 1984: State-based legislation that may be relevant for property division in de facto relationships, particularly for matters not covered by federal law.
Child Support (Assessment) Act 1989: Relevant for provisions relating to child support obligations in de facto relationships where children are involved.
Family Law Amendment Act 2000: Contains provisions about financial agreements (including binding financial agreements) between de facto partners.
Evidence Act 1995: Relevant for establishing the existence of a de facto relationship and the validity of the agreement in legal proceedings.
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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