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Financial Agreement Divorce Template for Australia

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Key Requirements PROMPT example:

Financial Agreement Divorce

"I need a Financial Agreement Divorce document for an Australian couple with shared business interests, including a family retail company with three locations and significant intellectual property, to be finalized by March 2025."

Document background
The Financial Agreement Divorce document is a crucial legal instrument in Australian family law, utilized when divorced couples seek to formalize their financial separation. It becomes relevant after a divorce order has been granted and the parties wish to make binding arrangements regarding their property and financial affairs. This agreement, governed by Section 90D of the Family Law Act 1975, must meet strict legal requirements including independent legal advice for both parties. It typically covers all aspects of financial separation including property division, superannuation splitting, debt allocation, and mutual releases from future claims. The agreement provides certainty and protection for both parties by creating legally binding obligations that can be enforced by Australian courts. It's particularly important for high-net-worth individuals, business owners, or cases involving complex asset structures, though it's available and useful for any divorced couple seeking to formalize their financial separation.
Suggested Sections

1. Parties: Formal identification of the former spouses entering into the agreement

2. Background: Details of marriage, divorce order, and context for the agreement

3. Definitions and Interpretation: Definitions of key terms and interpretation clauses

4. Operative Date: Specifies when the agreement takes effect

5. Division of Property: Comprehensive details of how all property is to be divided

6. Financial Obligations: Details of any ongoing financial obligations or cessation thereof

7. Superannuation Splitting: Arrangements for division of superannuation interests

8. Mutual Release and Discharge: Mutual releases from future claims

9. Tax Implications: Acknowledgment and handling of tax consequences

10. Implementation: Timeframes and mechanisms for implementing the agreement

11. Independent Legal Advice: Certificates and acknowledgments of independent legal advice

12. Severance: Provisions for severing invalid clauses while maintaining remainder

13. Governing Law: Specification of applicable law and jurisdiction

14. Costs: Assignment of legal and other costs related to the agreement

15. Execution: Formal execution provisions and signing requirements

Optional Sections

1. Ongoing Business Arrangements: Required when parties maintain shared business interests post-divorce

2. Child Support Acknowledgment: Include when referencing existing child support arrangements

3. Future Property: Include when addressing treatment of future-acquired assets

4. Intellectual Property Rights: Required when dealing with shared IP or business names

5. Confidentiality: Include when parties wish to maintain privacy about agreement terms

6. Dispute Resolution: Optional mechanism for resolving future disputes

7. Insurance Policies: Include when addressing life, health, or other insurance arrangements

8. Death and Estate Provisions: Include when addressing impact on wills and estates

9. Social Media and Privacy: Include when specific provisions about social media conduct are needed

Suggested Schedules

1. Schedule A - Assets and Values: Comprehensive list of all assets with agreed values

2. Schedule B - Liabilities: List of all debts and liabilities with current balances

3. Schedule C - Superannuation Interests: Details of all superannuation accounts and agreed splits

4. Schedule D - Business Interests: Details of any business interests and their agreed treatment

5. Schedule E - Bank Accounts: List of all bank accounts and their disposition

6. Schedule F - Personal Effects: List of significant personal items and their allocation

7. Appendix 1 - Legal Advice Certificates: Signed certificates of independent legal advice

8. Appendix 2 - Supporting Valuations: Professional valuations of significant assets

9. Appendix 3 - Tax Opinions: Any tax advice obtained regarding the agreement

10. Appendix 4 - Divorce Order: Copy of divorce order confirming eligibility for Section 90D agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses



































Relevant Industries

Legal Services

Financial Services

Banking

Real Estate

Wealth Management

Insurance

Professional Services

Property Management

Business Advisory

Family Services

Relevant Teams

Legal

Compliance

Risk Management

Financial Advisory

Wealth Management

Property Services

Document Processing

Client Services

Dispute Resolution

Contract Administration

Relevant Roles

Family Lawyer

Legal Counsel

Divorce Attorney

Financial Advisor

Wealth Manager

Estate Planner

Property Lawyer

Mediator

Settlement Officer

Legal Executive

Paralegal

Contract Manager

Risk Manager

Compliance Officer

Family Court Registrar

Business Valuator

Property Valuator

Financial Controller

Tax Advisor

Superannuation Consultant

Industries







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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