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Informal Separation Agreement Template for Australia

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Key Requirements PROMPT example:

Informal Separation Agreement

"Need an Informal Separation Agreement for a married couple separating from March 2025, with arrangements for two children under 12, division of a family home in Sydney, and shared investment portfolio."

Document background
The Informal Separation Agreement is a crucial document in Australian family law practice, designed to help separating couples document their agreed arrangements without immediate court intervention. This document is particularly useful when parties are amicable and can reach mutual agreements about their separation terms. While not having the same legal force as court orders, an Informal Separation Agreement provides a clear framework for the separation and can be especially valuable during the mandatory 12-month separation period required before divorce in Australia. The agreement typically covers living arrangements, property division, financial responsibilities, and if relevant, parenting arrangements. It serves as an important stepping stone in the separation process and can be used as evidence of intentions if more formal arrangements are needed later.
Suggested Sections

1. Parties: Identifies and defines the separating parties with their full legal names and current addresses

2. Background: Outlines the history of the relationship, date of marriage/cohabitation, date of separation, and general intent of the agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Acknowledgments: Statements confirming that both parties enter the agreement voluntarily, have had opportunity for independent legal advice, and understand their rights

5. Living Arrangements: Details of the agreed living arrangements, including who will remain in or leave the family home

6. Division of Property: General principles and agreement regarding the division of joint property and assets

7. Financial Arrangements: Overview of how shared finances, bills, and expenses will be handled during separation

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

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

10. Review and Variation: Circumstances under which the agreement can be reviewed or modified

11. Governing Law: Specifies that the agreement is governed by Australian law

Optional Sections

1. Children's Arrangements: Required if the couple has children - covers custody, visitation, decision-making responsibilities, and support arrangements

2. Pets and Animals: Include if the couple has shared pets - details custody and care arrangements

3. Business Interests: Required if the couple has shared business interests - outlines how these will be managed or divided

4. Superannuation: Include if there are agreements about splitting superannuation accounts

5. Social Media and Digital Assets: Include if there are concerns about social media conduct or shared digital assets

6. Future Property Division: Include if certain assets cannot be immediately divided and future division needs to be specified

7. Spousal Maintenance: Include if one party will provide financial support to the other

8. Insurance Policies: Include if there are shared insurance policies that need to be addressed

9. Inheritance and Estate Matters: Include if there are specific agreements about future inheritances or estate planning

10. Cultural or Religious Obligations: Include if there are specific cultural or religious requirements to be addressed

Suggested Schedules

1. Schedule A - Asset Register: Detailed list of all shared assets including property, vehicles, furniture, and valuables with agreed division

2. Schedule B - Liability Register: Comprehensive list of all shared debts and liabilities with agreed responsibility

3. Schedule C - Children's Living Arrangements: Detailed parenting schedule including regular care, holidays, and special occasions

4. Schedule D - Household Items: Itemized list of household contents and their agreed division

5. Schedule E - Contact and Communication Protocol: Detailed guidelines for communication between parties and with children

6. Appendix 1 - Financial Statements: Copies of relevant financial statements and documents referenced in the agreement

7. Appendix 2 - Property Valuations: Any professional valuations obtained for significant assets

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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