Generic Divorce Agreement Template for Australia
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Generic Divorce Agreement
I need a Generic Divorce Agreement for a couple with two minor children, shared ownership of a family home, and a jointly-owned small business, with the agreement to take effect from March 1, 2025.
1. Parties: Identification and details of both parties to the divorce agreement
2. Background: Brief history of the marriage, including date of marriage, date of separation, and basis for divorce
3. Definitions: Definitions of key terms used throughout the agreement
4. Date of Separation: Formal acknowledgment of the date of separation
5. Division of Property: General principles and overview of how matrimonial property will be divided
6. Financial Obligations: Overview of ongoing financial obligations between parties
7. Mutual Release: Clauses releasing each party from future claims against the other
8. Confidentiality: Provisions regarding the confidentiality of the agreement and personal information
9. Governing Law: Specification that the agreement is governed by Australian law
10. Severability: Clause ensuring that if any part of the agreement is invalid, the rest remains enforceable
11. Entire Agreement: Confirmation that this document represents the complete agreement between parties
12. Execution: Signing requirements and execution provisions
1. Children and Parenting Arrangements: Required if the parties have children under 18, detailing custody, visitation, and decision-making arrangements
2. Child Support: Required if there are children, detailing payment arrangements and special expenses
3. Spousal Maintenance: Include if one party will provide financial support to the other post-divorce
4. Business Interests: Required if the parties have shared business interests that need to be divided
5. Superannuation Splitting: Include if superannuation interests are to be split between parties
6. Intellectual Property: Include if there are shared intellectual property rights to be divided
7. Pets and Animals: Include if there are pets whose custody needs to be determined
8. Family Trust Arrangements: Required if there are family trusts that need to be addressed
9. International Assets: Include if there are overseas properties or investments to be divided
10. Future Conflict Resolution: Optional procedures for resolving future disputes
1. Schedule A - Asset and Liability Schedule: Detailed listing of all matrimonial assets and liabilities with agreed values
2. Schedule B - Property Transfer Details: Specific details of how and when property will be transferred between parties
3. Schedule C - Parenting Plan: Detailed parenting arrangements including schedules, holidays, and special occasions
4. Schedule D - Financial Disclosure: Complete financial disclosure from both parties
5. Schedule E - Superannuation Interests: Details of superannuation splitting arrangements
6. Appendix 1 - List of Personal Effects: Detailed list of personal items and their agreed distribution
7. Appendix 2 - Business Valuation Reports: Any relevant business or asset valuations
8. Appendix 3 - Certificates of Independent Legal Advice: Signed certificates from each party's legal representative
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