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Basic Prenup Agreement Template for Australia

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Key Requirements PROMPT example:

Basic Prenup Agreement

"I need a Basic Prenup Agreement drafted for my upcoming marriage in March 2025, focusing on protecting my existing property portfolio and ensuring my business interests remain separate, while allowing for fair division of assets acquired during the marriage."

Document background
The Basic Prenup Agreement serves as a crucial legal tool for couples planning to marry in Australia who wish to establish clear financial arrangements before their union. This document, formally recognized as a Binding Financial Agreement under the Family Law Act 1975, provides a framework for protecting individual assets, managing future property division, and setting out financial obligations. It's particularly relevant for individuals with significant assets, business interests, expected inheritances, or those entering second marriages. The agreement must be carefully drafted to meet Australian legal requirements, including provisions for full financial disclosure, independent legal advice, and proper execution. While it may address various financial aspects, this basic version typically focuses on core elements such as existing assets, liabilities, and basic financial arrangements rather than complex business structures or international assets.
Suggested Sections

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

2. Background: 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. Legal Advice: Acknowledgment that both parties have received independent legal advice

5. Property Division: General principles for division of property in case of separation

6. Financial Maintenance: Arrangements regarding spousal maintenance and financial support

7. Existing Assets and Liabilities: Treatment of assets and liabilities owned prior to marriage

8. Future Property: Treatment of property acquired during the marriage

9. Disclosure Obligations: Statement of full financial disclosure by both parties

10. Termination Events: Circumstances under which the agreement may be terminated

11. Dispute Resolution: Process for resolving disputes relating to the agreement

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

13. Severability: Provision for the survival of valid parts if other parts are found invalid

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 acquire business interests

2. Inheritance and Gifts: Treatment of inherited assets or anticipated inheritances, included when significant inheritances are expected

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

4. Intellectual Property: Provisions for intellectual property rights, used when either party has significant IP assets

5. International Assets: Specific provisions for overseas assets, used when parties have international property or investments

6. Family Trusts: Provisions regarding family trust interests, used when either party is involved in family trusts

7. Sunset Clause: Provision for the agreement to expire after a certain period or event

8. Life Insurance: Requirements for life insurance policies and beneficiaries

Suggested Schedules

1. Schedule A - Assets of First Party: Detailed list of all assets owned by the first party at the time of agreement

2. Schedule B - Assets of Second Party: Detailed list of all assets owned by the second party at the time of agreement

3. Schedule C - Joint Assets: List of any assets jointly owned by the parties

4. Schedule D - Liabilities of First Party: List of all liabilities of the first party

5. Schedule E - Liabilities of Second Party: List of all liabilities of the second party

6. Schedule F - Business Valuations: Independent valuations of any business interests

7. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from legal practitioners confirming independent advice

8. Appendix 2 - Financial Disclosure Statements: Detailed financial disclosure statements from both parties

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





























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Relevant Industries

Legal Services

Financial Services

Private Wealth Management

Family Business

Professional Services

Real Estate

Agriculture (for farming families)

Small Business

Entertainment Industry

Professional Sports

Relevant Teams

Legal

Wealth Management

Private Client Services

Family Law

Estate Planning

Document Management

Client Advisory

Risk Management

Relevant Roles

Family Lawyer

Legal Counsel

Wealth Manager

Financial Advisor

Estate Planner

Private Client Advisor

Business Owner

Professional Athlete

Entertainment Professional

Corporate Executive

Family Business Owner

Agricultural Business Owner

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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