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Mutual Divorce Agreement Template for Australia

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Key Requirements PROMPT example:

Mutual Divorce Agreement

"I need a Mutual Divorce Agreement for a separation that began on January 15, 2025, with an equal division of our shared property and investments, but no children or ongoing financial commitments to consider."

Document background
The Mutual Divorce Agreement is a crucial document in Australian family law, used when married couples agree to divorce by mutual consent after at least 12 months of separation. This agreement is prepared in compliance with the Family Law Act 1975 and serves as a comprehensive record of the parties' arrangements for their divorce. It is typically used when both parties have reached an amicable agreement on all aspects of their separation, including property division, financial matters, and arrangements for any children. The document must be prepared with legal guidance and requires both parties to have received independent legal advice. It can be submitted to the Federal Circuit and Family Court of Australia as part of the divorce proceedings and may include detailed schedules covering asset division, parenting arrangements, and financial settlements. The agreement's primary purpose is to provide clarity and legal certainty for both parties while minimizing the potential for future disputes.
Suggested Sections

1. Parties: Details of both spouses entering into the agreement, including full legal names, addresses, and occupations

2. Background: Information about the marriage, date of separation, and confirmation of the 12-month separation period required under Australian law

3. Definitions: Key terms used throughout the agreement, including references to relevant legislation and specific terms related to property or arrangements

4. Acknowledgments: Confirmation that both parties have received independent legal advice and understand their rights and obligations

5. Divorce Application: Agreement to file for divorce and details of how the application will be managed

6. Legal Advice and Disclosure: Statements confirming both parties have made full financial disclosure and received independent legal advice

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

8. Costs: Agreement on how legal costs and court fees will be shared or allocated

9. General Provisions: Standard contractual terms including governing law, severability, and entire agreement clauses

10. Execution: Signing requirements and witness details as per Australian legal requirements

Optional Sections

1. Children's Arrangements: Required if there are children under 18 - covers custody, visitation, decision-making responsibilities, and child support arrangements

2. Property Settlement: Required if there are shared assets or liabilities to be divided - details the division of all matrimonial assets and debts

3. Spousal Maintenance: Required if ongoing financial support is to be provided by one party to the other

4. Superannuation Splitting: Required if superannuation benefits are to be split between the parties

5. Business Interests: Required if either party owns business interests that need to be addressed

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

7. Future Dispute Resolution: Optional section outlining how future disputes will be handled

8. Confidentiality: Optional section if parties wish to keep the terms of their agreement private

Suggested Schedules

1. Schedule A - Assets and Liabilities: Comprehensive list of all matrimonial assets and liabilities, including their agreed values and allocation

2. Schedule B - Parenting Plan: Detailed arrangements for children, including residence, contact schedules, and special occasions

3. Schedule C - Financial Disclosure: Summary of financial positions of both parties, including income, assets, and liabilities

4. Schedule D - Superannuation Interests: Details of superannuation holdings and agreed splitting arrangements

5. Appendix 1 - Certificate of Independent Legal Advice: Certificates from each party's lawyer confirming independent legal advice was provided

6. Appendix 2 - Supporting Documents: Copies of relevant documents such as marriage certificate, separation declaration, and valuations

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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