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Final Divorce Agreement Template for Australia

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Key Requirements PROMPT example:

Final Divorce Agreement

"I need a Final Divorce Agreement that covers the division of our family business valued at $2.5M, including overseas assets in Singapore, with specific provisions for ongoing business collaboration until March 2025 when full separation of business interests will be completed."

Document background
The Final Divorce Agreement is a crucial document in Australian family law proceedings that represents the culmination of divorce negotiations and settlements. This agreement is utilized when parties have reached final terms on all aspects of their divorce, including property division, financial arrangements, and if applicable, parenting matters. The document must comply with the Family Law Act 1975 and related legislation, and is typically prepared after the court has granted a divorce order or in conjunction with divorce proceedings. The Final Divorce Agreement serves as a comprehensive record of all agreed terms and can be registered with the Federal Circuit and Family Court of Australia, making it legally binding and enforceable. It's essential for documenting the complete resolution of matrimonial matters and providing a clear framework for post-divorce obligations and responsibilities.
Suggested Sections

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

2. Background: 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. Acknowledgments: Mutual acknowledgments regarding independent legal advice, full disclosure, and voluntary nature of agreement

5. Divorce Orders: Details of the divorce order and its implementation

6. Property Settlement: Division of matrimonial assets and liabilities

7. Financial Arrangements: Details of any ongoing financial obligations, including spousal maintenance if applicable

8. Release and Indemnity: Mutual release of future claims and indemnification provisions

9. Confidentiality: Terms regarding confidentiality of the agreement and divorce proceedings

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

11. General Provisions: Standard contractual provisions including governing law, severability, and entire agreement clauses

Optional Sections

1. Parenting Arrangements: Required if there are children from the marriage - includes custody, visitation, and decision-making arrangements

2. Child Support: Required if there are dependent children - details of child support arrangements and calculations

3. Business Interests: Required if there are shared business interests - details division or ongoing management of business assets

4. Superannuation Splitting: Required if superannuation is to be split between parties

5. International Assets: Required if there are assets located outside Australia

6. Social Media and Privacy: Optional section addressing social media conduct and privacy expectations post-divorce

7. Future Property Division: Required if there are assets that cannot be immediately divided or require future action

8. Insurance Arrangements: Required if there are ongoing insurance obligations or changes needed to existing policies

9. Tax Provisions: Required if there are significant tax implications in the asset division

Suggested Schedules

1. Schedule A - Asset Schedule: Comprehensive list of all matrimonial assets and their agreed values

2. Schedule B - Liability Schedule: List of all shared liabilities and their allocation between parties

3. Schedule C - Parenting Schedule: Detailed parenting time schedule including holidays and special occasions

4. Schedule D - Property Transfer Documents: List of properties and required transfer documentation

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

6. Appendix 1 - Financial Disclosure: Financial statements and disclosures from both parties

7. Appendix 2 - Court Orders: Copy of relevant court orders including divorce order

8. Appendix 3 - Business Valuations: Independent valuations of any business interests

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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Family Court Judge

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