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Divorce After Separation Agreement Template for Australia

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Key Requirements PROMPT example:

Divorce After Separation Agreement

"I need a Divorce After Separation Agreement for my separation that occurred on January 15, 2025, including division of our shared property in Sydney and arrangements for splitting superannuation accounts, with minimal ongoing financial obligations between parties."

Document background
The Divorce After Separation Agreement is a crucial document in Australian family law proceedings, typically prepared after spouses have been separated for 12 months and before or during divorce proceedings. This agreement is essential for couples seeking to formalize their separation arrangements in accordance with the Family Law Act 1975 (Cth). It comprehensively addresses property division, financial settlements, and parenting arrangements if children are involved. The document must comply with Australian legal requirements and is often prepared with legal counsel to ensure enforceability. It serves as a foundation for the divorce application and can help streamline the divorce process by clearly documenting all agreed terms. The agreement can be registered with the Family Court of Australia for additional legal protection and is particularly important for protecting both parties' rights and obligations during the transition from separation to divorce.
Suggested Sections

1. Parties: Identification of both parties to the agreement, including full legal names, addresses, and occupations

2. Background: Brief history of the marriage, including date of marriage, date of separation, and confirmation of the 12-month separation period

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

4. Acknowledgment of Separation: Formal acknowledgment of separation date and intention to divorce

5. Division of Property: Comprehensive outline of how matrimonial assets and liabilities will be divided

6. Financial Matters: Details of any ongoing financial arrangements, including spousal maintenance if applicable

7. Legal Rights: Mutual release of future claims and rights against each other's estate

8. Confidentiality: Terms regarding the confidentiality of the agreement and personal matters

9. Future Conduct: Agreement on how parties will interact and communicate in the future

10. Dispute Resolution: Process for resolving any future disputes regarding the agreement

11. Governing Law: Confirmation that the agreement is governed by Australian law and jurisdiction

Optional Sections

1. Children's Arrangements: Details of parenting arrangements, custody, and access rights - included when there are children from the marriage

2. Child Support: Arrangements for financial support of children - included when there are dependent children

3. Business Interests: Division or management of joint business interests - included when parties have shared business assets

4. Superannuation Splitting: Details of how superannuation will be split - included when there are substantial superannuation assets

5. Pets: Arrangements for the care and custody of family pets - included when there are shared pets

6. International Assets: Specific arrangements for overseas assets - included when parties have international property or investments

7. Intellectual Property: Division of intellectual property rights - included when relevant to either party

8. Insurance Policies: Arrangements regarding life, health, or other insurance policies - included when there are joint policies

Suggested Schedules

1. Schedule A - Asset Schedule: Detailed listing of all matrimonial assets including real estate, vehicles, bank accounts, and personal property

2. Schedule B - Liability Schedule: Comprehensive list of all joint and individual debts and liabilities

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

4. Schedule D - Parenting Plan: Detailed parenting arrangements including visitation schedules and special occasions

5. Schedule E - Financial Disclosure: Complete financial disclosure from both parties including income, assets, and liabilities

6. Appendix 1 - Supporting Documents: Copies of relevant certificates, court orders, or other supporting documentation

7. Appendix 2 - Superannuation Details: Details of superannuation accounts and splitting arrangements

8. Appendix 3 - Transfer Documents: Draft transfer documents for properties, vehicles, or other assets requiring formal transfer

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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Family Lawyer

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Divorce Attorney

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