Prenup For Defacto Generator for Australia

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Key Requirements PROMPT example:

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."

Document background
A Prenup For Defacto (Binding Financial Agreement) is a crucial legal document in Australia that provides financial certainty and protection for couples in de facto relationships. It is designed to comply with Part VIIIAB of the Family Law Act 1975 (Cth) and must be prepared before or during the de facto relationship. This agreement allows partners to protect their assets, outline financial arrangements, and establish clear procedures for property division if the relationship ends. It requires mandatory independent legal advice for both parties, comprehensive financial disclosure, and must be properly executed to be legally binding. The document is particularly important for partners with significant assets, business interests, or those seeking clarity about financial matters in their relationship.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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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