Prenuptial Postnuptial Agreement Generator for Australia

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Key Requirements PROMPT example:

Prenuptial Postnuptial Agreement

"I need a Prenuptial Agreement under Australian law to protect my technology startup business interests and intellectual property, with the agreement to be executed before my wedding planned for March 2025."

Document background
A Prenuptial Postnuptial Agreement in Australia is a legally binding financial agreement used to define and protect the financial interests of parties either before or during marriage. These agreements are governed by the Family Law Act 1975 (Cth) and must meet specific legislative requirements to be enforceable. They are particularly valuable for individuals with significant assets, business interests, expected inheritances, or those entering second marriages. The document typically includes comprehensive financial disclosures, detailed asset schedules, provisions for property division, and arrangements for financial support. It requires independent legal advice for both parties and must be properly executed to be legally binding. These agreements are increasingly common in Australia, especially among business owners, high-net-worth individuals, and those seeking to protect family wealth or business interests.
Suggested Sections

1. Parties: Identifies and details all parties to the agreement, including full legal names, addresses, and occupations

2. Background: Sets out the context of the agreement, including the parties' intention to marry or current marriage status, and their desire to determine financial matters

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Independent Legal Advice: Statements confirming that each party has received independent legal advice about the agreement's effect on their rights

5. Financial Disclosure: General provisions regarding the disclosure of financial circumstances by both parties

6. Separate Property: Identifies and specifies treatment of property owned by each party prior to marriage

7. Joint Property: Provisions for property acquired jointly during the marriage

8. Financial Support: Provisions regarding spousal maintenance and financial support obligations

9. Separation of Property: Details how property will be divided in the event of separation or divorce

10. Debt Obligations: Addresses responsibility for existing and future debts

11. Amendment and Termination: Provisions for modifying or terminating the agreement

12. Governing Law: Specifies that Australian law governs the agreement and jurisdiction details

13. Severability: Provides that if any provision is invalid, the remainder of the agreement remains effective

14. Execution: Formal execution provisions including signing requirements and witness details

Optional Sections

1. Children's Provisions: Used when either party has existing children or to address future children's financial arrangements

2. Business Interests: Required when either party owns business interests that need protection

3. International Assets: Included when parties have assets in multiple jurisdictions

4. Inheritance and Gifts: Used when specific provisions are needed for inherited assets or expected inheritances

5. Investment Properties: Required when parties have significant real estate portfolios

6. Intellectual Property: Included when either party has significant intellectual property assets

7. Family Trust Interests: Used when either party has interests in family trusts

8. Superannuation: Detailed provisions for superannuation splitting arrangements

9. Cultural or Religious Requirements: Included when specific cultural or religious considerations need to be addressed

Suggested Schedules

1. Schedule A - Assets and Liabilities: Detailed inventory of each party's assets and liabilities at the time of the agreement

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

3. Schedule C - Business Valuations: Professional valuations of business interests (if applicable)

4. Schedule D - Property Valuations: Current market valuations of significant real estate assets

5. Schedule E - Superannuation Interests: Details of superannuation accounts and interests

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

7. Appendix 2 - Supporting Documentation: 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

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Relevant Roles

Family Lawyer

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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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