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Prenup For Defacto
"I need a Prenup For Defacto agreement to protect my small business assets and investment portfolio, with my partner and I planning to move in together in March 2025; we want a straightforward agreement that mainly focuses on keeping our business interests separate."
1. Parties: Identification and details of both de facto partners
2. Background: Context of the relationship and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Interpretation: Rules for interpreting the agreement including governing law
5. Independent Legal Advice: Acknowledgment that both parties have received independent legal advice
6. Financial Disclosure: Confirmation of full and frank disclosure of financial circumstances
7. Separate Property: Property that remains the separate property of each party
8. Joint Property: Treatment of jointly acquired property during the relationship
9. Financial Support: Arrangements regarding financial support during and after the relationship
10. Relationship Breakdown: Property division and financial arrangements upon relationship breakdown
11. Dispute Resolution: Process for resolving disputes relating to the agreement
12. Severability: Provisions for maintaining validity if parts are found invalid
13. Execution: Formal execution requirements and attestations
1. Children's Matters: Include when either party has children from previous relationships or if planning for future children
2. Business Interests: Include when either party owns business interests that need protection
3. Inheritance and Gifts: Include when addressing treatment of future inheritances or significant gifts
4. Superannuation: Include when specific arrangements for superannuation splitting are needed
5. International Assets: Include when either party has overseas assets or investments
6. Intellectual Property: Include when either party has significant intellectual property rights
7. Debts and Liabilities: Include when specific arrangements for existing or future debts are needed
8. Life Insurance: Include when life insurance policies are to be maintained for either party's benefit
1. Schedule A - Assets and Liabilities: Detailed list of each party's assets and liabilities at the time of agreement
2. Schedule B - Financial Disclosure: Detailed financial statements and documents from both parties
3. Schedule C - Certificates of Independent Legal Advice: Signed certificates from each party's legal representative
4. Schedule D - Property Valuations: Professional valuations of significant assets
5. Schedule E - Business Interests: Details of business ownership and valuations if applicable
6. Appendix 1 - Compliance Checklist: Checklist ensuring compliance with Section 90UB/UC of the Family Law Act
7. Appendix 2 - Supporting Documents: List of all supporting documents referenced in the agreement
Authors
De Facto Relationship
Commencement Date
Separation Date
Property
Financial Resource
Separate Property
Joint Property
Business Day
Child
Confidential Information
Financial Matters
Financial Support
Income
Liability
Matrimonial Home
Party/Parties
Personal Effects
Pre-relationship Assets
Post-separation Assets
Relationship Period
Superannuation Interest
Binding Financial Agreement
Legal Personal Representative
Financial Disclosure
Independent Legal Advice
Dispute Resolution Process
Material Change
Net Asset Pool
Transfer Date
Execution Date
Intellectual Property Rights
Business Interest
Investment Asset
Future Property
Independent Legal Advice
Financial Disclosure
Property Rights
Asset Division
Separate Property
Joint Property
Financial Support
Release and Indemnity
Dispute Resolution
Confidentiality
Termination
Amendment
Severability
Governing Law
Binding Effect
Enforcement
Execution Requirements
Costs
Notices
Further Assurance
Entire Agreement
Relationship Breakdown
Superannuation
Business Interests
Inheritance Rights
Gift Provisions
Debt Management
Property Acquisition
Life Insurance
Death Provisions
Compliance with Law
Acknowledgments
Warranties
Legal Services
Financial Services
Real Estate
Wealth Management
Professional Services
Family Services
Property Services
Financial Planning
Legal
Private Client Services
Family Law
Document Processing
Property Services
Wealth Management
Client Advisory
Administrative Support
Contract Management
Family Lawyer
Legal Partner
Legal Associate
Paralegal
Financial Advisor
Wealth Manager
Property Lawyer
Estate Planning Lawyer
Legal Document Specialist
Relationship Manager
Private Client Advisor
Legal Secretary
Contract Administrator
Property Valuer
Accountant
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