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Amicable Divorce Agreement Template for Australia

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Key Requirements PROMPT example:

Amicable Divorce Agreement

"I need an Amicable Divorce Agreement for a childless couple separating as of January 2025, with focus on dividing a residential property, two vehicles, and shared investments, while ensuring both parties maintain financial independence post-divorce."

Document background
The Amicable Divorce Agreement is a crucial document in Australian family law, used when separating couples wish to formalize their divorce arrangements through mutual consent rather than contested court proceedings. This agreement is particularly suitable for couples who have reached a mutual understanding about the division of their assets, financial arrangements, and, if applicable, parenting responsibilities. It must comply with the Family Law Act 1975 and related regulations, requiring full financial disclosure from both parties and independent legal advice. The document typically includes comprehensive details about property division, financial settlements, superannuation splitting, and any ongoing obligations between the parties. While amicable in nature, the agreement carries significant legal weight and can be enforced by Australian courts if properly executed.
Suggested Sections

1. Parties: Identification and details of both parties to the agreement

2. Background: Brief history of the marriage, date of separation, and basis for the agreement

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

4. Acknowledgments: Mutual acknowledgments about the nature of the agreement and independent legal advice received

5. Separation Declaration: Formal declaration of separation and intention to divorce

6. Division of Property: Agreement on how matrimonial assets and liabilities will be divided

7. Financial Settlement: Details of any financial settlements, including lump sum payments or transfers

8. Mutual Release: Mutual release of future claims against each other's assets or estate

9. Confidentiality: Agreement on confidentiality regarding the terms and personal matters

10. Governing Law: Specification that the agreement is governed by Australian law

11. Execution: Formal execution clauses and signing provisions

Optional Sections

1. Parenting Arrangements: Details of child custody, visitation, and co-parenting arrangements - required if the couple has children

2. Child Support: Agreement on child support payments and arrangements - required if there are dependent children

3. Spousal Maintenance: Details of any ongoing spousal support arrangements - included if agreed upon

4. Business Interests: Division or management of shared business interests - required if parties have joint business holdings

5. Superannuation Splitting: Details of how superannuation will be split - required if superannuation splitting is agreed

6. Estate Matters: Agreements regarding wills and estate planning - included if parties wish to address future estate matters

7. Pets and Animals: Arrangements for the care and custody of family pets - included if relevant

8. Future Dispute Resolution: Process for resolving future disputes - recommended for complex arrangements

Suggested Schedules

1. Schedule A - Asset Register: Comprehensive list of all matrimonial assets including real estate, vehicles, and personal property

2. Schedule B - Liability Register: List of all joint and individual liabilities to be addressed in the settlement

3. Schedule C - Parenting Schedule: Detailed weekly/monthly schedule for child custody and visitation arrangements

4. Schedule D - Property Valuations: Professional valuations of significant assets such as real estate or businesses

5. Schedule E - Superannuation Details: Details of superannuation accounts and agreed splitting arrangements

6. Appendix 1 - Financial Statements: Recent financial statements of both parties

7. Appendix 2 - Transfer Documents: Forms and documents required for transferring assets

8. Appendix 3 - Independent Legal Advice Certificates: Certificates confirming both parties received independent legal advice

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

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Relevant Industries

Legal Services

Financial Services

Professional Services

Family Services

Real Estate

Banking

Insurance

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Relevant Teams

Legal

Compliance

Family Law

Dispute Resolution

Property Settlement

Document Processing

Client Relations

Financial Advisory

Wealth Planning

Risk Management

Relevant Roles

Family Lawyer

Divorce Lawyer

Legal Counsel

Mediator

Financial Advisor

Estate Planner

Wealth Manager

Property Lawyer

Bank Manager

Insurance Advisor

Family Court Registrar

Legal Secretary

Paralegal

Settlement Agent

Conveyancer

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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