The Divorce Stipulation Agreement is a crucial document in Australian family law proceedings, used when married couples seek to formalize their separation and divorce arrangements. This agreement is drafted in compliance with the Family Law Act 1975 and related legislation, providing a comprehensive framework for resolving all aspects of the marriage dissolution. It serves as a binding contract between the parties, documenting their agreed terms regarding property division, financial settlements, and if applicable, parenting arrangements. The document must be drafted with careful consideration of both federal and state laws, and typically requires independent legal advice for both parties. While not all aspects of a Divorce Stipulation Agreement are automatically enforceable by the court, when properly drafted and executed, it provides strong evidence of the parties' intentions and can be submitted to the Family Court for approval and enforcement.
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1. Parties: Full legal names and details of both parties to the agreement
2. Background: History of the marriage, date of separation, and basis for divorce
3. Definitions: Definitions of key terms used throughout the agreement
4. Acknowledgments: Statements acknowledging independent legal advice, full disclosure, and voluntary nature of agreement
5. Separation Declaration: Formal declaration of separation and intent to divorce
6. Division of Property: Comprehensive arrangement for division of real estate, vehicles, and personal property
7. Financial Arrangements: Details of financial settlements, including bank accounts, investments, and superannuation splits
8. Mutual Release: Mutual release of future claims against each other's property or estate
9. Debt Allocation: Division and responsibility for existing debts and liabilities
10. Confidentiality: Terms regarding confidentiality of the agreement and private matters
11. Dispute Resolution: Process for resolving future disputes regarding the agreement
12. Governing Law: Specification that the agreement is governed by Australian law
13. Execution: Signing requirements and attestation provisions
1. Parenting Arrangements: Required if the couple has children - includes custody, visitation, and decision-making responsibilities
2. Child Support: Required for couples with children - details of child support calculations and payments
3. Spousal Maintenance: Include if one party will provide financial support to the other
4. Business Interests: Required if the couple has shared business interests - details division or ongoing management
5. International Assets: Include if there are overseas properties or investments
6. Pets and Animals: Include if there are pets requiring custody arrangements
7. Insurance Policies: Include if there are life, health, or other insurance policies to be addressed
8. Intellectual Property: Include if there are shared intellectual property rights
9. Future Conflict Management: Optional detailed procedures for managing future conflicts or changes
10. Social Media and Privacy: Include if specific social media or privacy concerns need addressing
1. Schedule A - Asset Register: Detailed listing of all assets owned by either party
2. Schedule B - Property Valuations: Professional valuations of major assets including real estate
3. Schedule C - Parenting Schedule: Detailed calendar of parenting time and special occasions
4. Schedule D - Financial Disclosure: Complete financial statements from both parties
5. Schedule E - Superannuation Details: Details of superannuation splitting arrangements
6. Appendix 1 - Certificate of Independent Legal Advice: Signed certificates from each party's legal representative
7. Appendix 2 - Supporting Documents: Copies of relevant documents (marriage certificate, property titles, etc.)
8. Appendix 3 - Child Support Calculations: Detailed calculations of child support obligations
9. Appendix 4 - Business Valuations: Professional valuations of any business interests
10. Appendix 5 - Debt Schedule: Detailed listing of all debts and liabilities
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