Relationship Prenup Template for Australia

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Key Requirements PROMPT example:

Relationship Prenup

"I need a Relationship Prenup that protects my established technology business and international assets, while ensuring fair treatment of future joint property acquired during the marriage planned for March 2025."

Document background
The Relationship Prenup, formally known as a Binding Financial Agreement in Australia, is essential for couples planning to marry who wish to establish clear financial arrangements and protect their assets. This document is particularly relevant when either or both parties have significant assets, business interests, expected inheritances, or children from previous relationships. Governed by the Family Law Act 1975, it requires strict compliance with legal requirements including independent legal advice and full financial disclosure. The agreement typically includes detailed provisions for property division, financial support, and dispute resolution mechanisms. It's commonly used by high-net-worth individuals, business owners, and those seeking clarity and certainty in their financial arrangements before marriage. The document must be carefully drafted to ensure enforceability and should be completed well before the wedding date to avoid claims of duress or undue pressure.
Suggested Sections

1. Parties: Formal identification of both parties entering into the agreement, including full legal names, addresses, and occupations

2. Background: Context of the agreement, including the intended marriage, acknowledgment of independent legal advice, and purpose of the agreement

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

4. Independent Legal Advice: Declarations regarding independent legal advice received by both parties, as required by the Family Law Act

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

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

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

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

9. Separation Events: Definition of separation events and their triggers

10. Property Division on Separation: Detailed provisions for how property will be divided upon separation

11. Dispute Resolution: Process for resolving any disputes arising from the agreement

12. Severability: Provisions ensuring partial invalidity doesn't void entire agreement

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

14. Execution: Formal execution requirements and signing provisions

Optional Sections

1. Business Interests: Specific provisions for handling business assets and interests, used when either party owns or may inherit a business

2. Inheritance and Gifts: Special provisions for expected inheritances or significant gifts, used when substantial inheritance is anticipated

3. Children from Previous Relationships: Provisions addressing financial obligations to children from previous relationships

4. International Assets: Specific provisions for overseas assets and jurisdictional considerations, used when parties have international property

5. Sunset Clause: Provisions for agreement expiry or review after certain period or events

6. Life Insurance Requirements: Provisions requiring parties to maintain life insurance policies

7. Intellectual Property Rights: Provisions for handling intellectual property owned by either party

8. Family Gifts and Heirlooms: Special provisions for family treasures or heirlooms

9. Pets and Animals: Provisions regarding ownership and care of pets in case of separation

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 Assets and Liabilities: List of any existing joint assets and liabilities

4. Schedule D - Certificates of Independent Legal Advice: Signed certificates from lawyers confirming independent legal advice

5. Schedule E - Financial Disclosure Statements: Detailed financial disclosure statements from both parties

6. Schedule F - Specific Property Arrangements: Detailed arrangements for specific high-value or significant properties

7. Appendix 1 - Supporting Documents: Copies of relevant supporting documents such as property valuations or business assessments

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

Financial Services

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Family Law

Private Banking

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Real Estate

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Legal

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Corporate Advisory

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Client Relations

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Family Lawyer

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Estate Planning Attorney

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Associate Lawyer

Paralegal

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Risk Manager

Financial Planner

Property Lawyer

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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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