The Post Divorce Agreement serves as a crucial legal instrument in Australian family law, designed to be executed after a divorce has been finalized. This document is essential when former spouses need to formalize their post-divorce arrangements, including property settlement, financial obligations, and parenting responsibilities if children are involved. It must comply with the Family Law Act 1975 and can be registered with the Family Court of Australia for additional legal protection. The agreement typically follows either mediation, negotiation between parties' lawyers, or court proceedings, and requires both parties to receive independent legal advice before signing. It provides a clear framework for moving forward and helps prevent future disputes by documenting all agreed terms comprehensively.
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1. Parties: Identification and details of both former spouses
2. Background: Brief history including marriage date, divorce date, and reference to any existing court orders
3. Definitions: Definitions of key terms used throughout the agreement
4. Interpretation: Rules for interpreting the agreement, including general principles and resolution of ambiguities
5. Acknowledgments: Statements confirming each party's understanding of the agreement and receipt of independent legal advice
6. Property Settlement: Details of how all property, assets, and liabilities are to be divided between the parties
7. Financial Obligations: Ongoing financial responsibilities, including any maintenance or support payments
8. Release and Indemnity: Mutual release of future claims and indemnification provisions
9. Confidentiality: Terms regarding the confidentiality of the agreement and its contents
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
1. Children's Arrangements: Detailed parenting arrangements including custody, visitation, and decision-making responsibilities - included when there are minor children
2. Child Support: Terms of child support payments and arrangements - included when there are dependent children
3. Spousal Maintenance: Terms of any ongoing spousal maintenance - included when relevant
4. Business Interests: Arrangements regarding jointly owned businesses or business interests - included when applicable
5. Superannuation Splitting: Details of superannuation splitting arrangements - included when superannuation is to be divided
6. International Assets: Provisions dealing with overseas assets - included when parties have international property
7. Insurance Arrangements: Provisions regarding life, health, or other insurance policies - included when relevant
8. Tax Provisions: Special arrangements regarding tax liabilities and benefits - included when complex tax matters exist
9. Future Property: Provisions regarding treatment of future inherited property or windfalls - included when requested by parties
1. Schedule A - Asset Schedule: Comprehensive list of all assets owned by either party, including current valuations
2. Schedule B - Liability Schedule: List of all liabilities and debts of either party
3. Schedule C - Distribution Schedule: Detailed breakdown of how assets and liabilities are to be distributed
4. Schedule D - Parenting Schedule: Detailed parenting time schedule and special occasions arrangement
5. Appendix 1 - Property Valuations: Professional valuations of significant assets
6. Appendix 2 - Superannuation Statements: Current statements for all superannuation accounts
7. Appendix 3 - Certificate of Independent Legal Advice: Certificates from each party's legal representative confirming provision of independent advice
8. Appendix 4 - Court Orders: Copies of relevant existing court orders or judgments
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