This Free Prenuptial Agreement template is designed for use in Australia by couples planning to marry who wish to establish clear financial arrangements before their marriage. The document complies with the requirements of the Family Law Act 1975 and related Australian legislation, providing a framework for documenting the agreed division of assets, liabilities, and financial resources both during marriage and in the event of separation. It includes provisions for existing assets, future acquisitions, financial support obligations, and dispute resolution mechanisms. This template requires customization based on specific circumstances and must be accompanied by independent legal advice for both parties to be legally binding. The Free Prenuptial Agreement is particularly useful for couples with existing assets, business interests, or anticipated inheritances who want to protect their financial interests while ensuring compliance with Australian legal requirements.
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1. Parties: Full legal names and details of both parties entering into the agreement
2. Background: Recitals stating the context of the agreement, including the intended marriage and purpose of the agreement
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Independent Legal Advice: Acknowledgment that both parties have received independent legal advice
5. Financial Disclosure: Statement regarding full and frank disclosure of financial circumstances
6. Separate Property: Identification and treatment of property owned by each party before marriage
7. Joint Property: Agreement on how property acquired during marriage will be treated
8. Financial Support: Arrangements regarding spousal maintenance and financial support
9. Separation Events: Definition of separation events and their consequences
10. Division of Property: Agreed method of property division in case of separation
11. Dispute Resolution: Process for resolving disputes about the agreement
12. Severability: Clause ensuring remaining provisions stay valid if parts are found invalid
13. Governing Law: Specification that Australian law governs the agreement
14. Execution: Formal execution clauses and signing requirements
1. Children's Provisions: Include when either party has existing children or wishes to address future children's financial arrangements
2. Business Interests: Include when either party owns business interests that need protection
3. Inheritance and Gifts: Include when addressing expected inheritances or significant gifts
4. International Assets: Include when either party has overseas assets or anticipates acquiring them
5. Intellectual Property: Include when either party has significant intellectual property rights
6. Superannuation: Include when specific arrangements for superannuation splitting are needed
7. Life Insurance: Include when specifying requirements for life insurance policies
8. Cultural or Religious Requirements: Include when specific cultural or religious obligations need to be addressed
1. Schedule A - Financial Disclosure (Party 1): Detailed statement of Party 1's assets, liabilities, and financial resources
2. Schedule B - Financial Disclosure (Party 2): Detailed statement of Party 2's assets, liabilities, and financial resources
3. Schedule C - Certificate of Independent Legal Advice (Party 1): Signed certificate from Party 1's lawyer confirming independent legal advice
4. Schedule D - Certificate of Independent Legal Advice (Party 2): Signed certificate from Party 2's lawyer confirming independent legal advice
5. Schedule E - Property Register: Detailed list of all properties (both separate and joint) covered by the agreement
6. Schedule F - Business Assets: Detailed description of business assets and their agreed treatment
7. Schedule G - Superannuation Interests: Details of superannuation interests of both parties
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