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Unmarried Separation Agreement Template for Australia

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Key Requirements PROMPT example:

Unmarried Separation Agreement

"I need an Unmarried Separation Agreement for a 6-year de facto relationship ending in January 2025, including arrangements for our shared property development business and the division of three investment properties, but no children are involved."

Document background
The Unmarried Separation Agreement is a crucial legal document used in Australia when de facto partners decide to end their relationship. It becomes relevant when unmarried couples who have lived together in a genuine domestic relationship separate and need to formalize their arrangements. The document is particularly important given the rights and obligations created under the Family Law Act 1975, which treats de facto relationships similarly to marriages in many respects. This agreement helps partners clearly document their separation terms, including property division, financial arrangements, and if applicable, parenting responsibilities. It's designed to provide certainty and prevent future disputes, while ensuring compliance with Australian federal and state legislation. The agreement is especially relevant for relationships that have lasted more than 2 years or where there are children, significant shared assets, or joint financial commitments.
Suggested Sections

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

2. Background: Brief history of the relationship, including date of commencement and separation

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

4. Recognition of De Facto Relationship: Acknowledgment of the previous de facto relationship status

5. Separation Declaration: Formal declaration of separation and intent to live separately

6. Division of Property: General principles and agreement regarding division of shared property

7. Financial Matters: Overview of financial settlement principles and arrangements

8. Release of Rights: Mutual release of future claims against each other's property

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. Binding Nature: Acknowledgment that the agreement is intended to be legally binding

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

13. Execution: Signing and witnessing requirements

Optional Sections

1. Children's Arrangements: Details of parenting arrangements, custody, and access - include if parties have children

2. Child Support: Arrangements for financial support of children - include if parties have children

3. Pets: Arrangements for care and custody of shared pets - include if relevant

4. Business Interests: Division or management of shared business interests - include if parties have joint business ventures

5. Ongoing Financial Support: Details of any agreed maintenance or ongoing financial support - include if relevant

6. Superannuation Splitting: Arrangements for division of superannuation - include if parties agree to split superannuation

7. Joint Debts and Liabilities: Management and division of shared debts - include if parties have joint debts

8. Insurance Policies: Arrangements regarding life, health, or other insurance policies - include if relevant

9. Future Property: Treatment of property acquired after separation but before agreement execution - include if relevant

Suggested Schedules

1. Schedule A - Asset Schedule: Detailed list of all assets owned by either party, including values and agreed distribution

2. Schedule B - Liability Schedule: Detailed list of all liabilities and debts, including agreed responsibility

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

4. Schedule D - Parenting Schedule: Detailed parenting time schedule and special arrangements (if applicable)

5. Schedule E - Business Assets: Detailed list of business assets and agreed division (if applicable)

6. Appendix 1 - Financial Statements: Current financial statements of both parties

7. Appendix 2 - Independent Valuations: Any professional valuations of significant assets

8. Appendix 3 - Certificates of Independent Legal Advice: Signed certificates from each party's legal representatives

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

Relevant legal definitions







































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Legal Services

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Relevant Roles

Family Lawyer

Legal Counsel

Mediator

Financial Advisor

Estate Planner

Property Valuer

Family Court Registrar

Relationship Counselor

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Paralegal

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