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Separation Agreement Not Married Template for Australia

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Key Requirements PROMPT example:

Separation Agreement Not Married

"I need a Separation Agreement Not Married for separating from my de facto partner of 8 years, with focus on dividing our jointly owned property and business assets, to be effective from March 1, 2025; we have no children but need to include arrangements for our shared pets."

Document background
A Separation Agreement Not Married is essential for de facto partners in Australia who are ending their relationship and need to formalize their separation arrangements. This document is particularly relevant when partners who have been in a de facto relationship need to clearly document their agreed terms of separation, including property division, financial settlements, and other practical arrangements. The agreement is designed to comply with Australian legislation, particularly the Family Law Act 1975 and relevant state laws governing de facto relationships. It's commonly used when partners want to avoid court proceedings and prefer to document their mutual agreement on separation terms. The document can cover various aspects including property division, financial arrangements, superannuation splitting, and arrangements for pets or joint assets. While not all sections may be mandatory, having a comprehensive agreement helps prevent future disputes and provides clarity for both parties.
Suggested Sections

1. Parties: Identification and details of both separating partners

2. Background: Brief history of the relationship, date of separation, and purpose of the agreement

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

4. Acknowledgments: Confirmation that both parties enter the agreement freely and have received independent legal advice

5. Separation Declaration: Formal declaration of separation and future living arrangements

6. Division of Property: General principles and approach to division of shared property and assets

7. Financial Matters: Overview of financial separation, including bank accounts and shared debts

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

9. Confidentiality: Terms regarding privacy and confidentiality of the agreement and relationship details

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

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

12. General Provisions: Standard legal provisions including severability, entire agreement, and amendments

13. Execution: Signing provisions and witness requirements

Optional Sections

1. Children: Arrangements for children including custody, visitation, and support (if children are involved)

2. Pets: Arrangements for care and custody of pets (if applicable)

3. Business Interests: Division or management of shared business interests (if applicable)

4. Superannuation: Arrangements for splitting superannuation accounts (if agreed)

5. Insurance: Arrangements regarding life, health, or other insurance policies (if applicable)

6. Vehicle Arrangements: Specific arrangements for motor vehicles (if jointly owned)

7. Intellectual Property: Division of intellectual property rights (if applicable)

8. Future Contact: Terms regarding future communication and interaction between parties (if needed)

9. Social Media: Agreements regarding social media conduct and privacy (if needed)

Suggested Schedules

1. Schedule A - Asset Schedule: Detailed list of all assets and their agreed division

2. Schedule B - Liability Schedule: Detailed list of all debts and liabilities and their allocation

3. Schedule C - Personal Property List: Detailed inventory of personal items and their allocation

4. Schedule D - Financial Accounts: List of all financial accounts and their disposition

5. Appendix 1 - Independent Legal Advice Certificates: Certificates from each party's legal representative confirming independent advice

6. Appendix 2 - Property Valuations: Professional valuations of significant assets (if applicable)

7. Appendix 3 - Parenting Plan: Detailed parenting arrangements if children are involved

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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