The Selling House Divorce Agreement is a specialized legal document used in Australian jurisdictions when divorcing couples need to sell their jointly owned property as part of their separation settlement. This document becomes necessary when parties have agreed to sell their property rather than having one party retain ownership, requiring careful consideration of both the Family Law Act 1975 and state-specific property laws. The agreement typically follows either consent orders or financial agreements approved by the Family Court of Australia, and includes specific provisions for property valuation, sale procedures, division of proceeds, and ongoing maintenance responsibilities until sale completion. It serves as a crucial tool in ensuring clear communication and agreed procedures between divorcing parties, their legal representatives, and real estate professionals, while providing a legally enforceable framework for the property sale process.
Your data doesn't train Genie's AI
You keep IP ownership of your information
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
OR
Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
1. Parties: Identification of both divorcing parties and their current legal status
2. Background: Context of the divorce proceedings, property ownership details, and reason for the agreement
3. Definitions: Key terms used throughout the agreement including property details, settlement terms, and relevant legal concepts
4. Property Details: Comprehensive description of the property being sold, including title details and encumbrances
5. Sale Terms: Agreed conditions for the sale including minimum price, marketing approach, and timeline
6. Division of Proceeds: How the sale proceeds will be divided between parties, including adjustments for existing mortgages or liens
7. Property Management Until Sale: Responsibilities for maintaining the property, paying expenses, and managing tenants until sale completion
8. Decision Making Process: Process for accepting offers and making decisions about the sale
9. Costs and Expenses: Allocation of costs related to the sale including agent fees, legal fees, and marketing expenses
10. Default and Remedy: Consequences and remedies if either party fails to comply with the agreement
11. Dispute Resolution: Process for resolving any disputes that arise during the sale process
12. Execution: Formal signing section including independent legal advice certificates
1. Temporary Occupancy: Terms for one party's continued occupancy of the property until sale, if applicable
2. Mortgage Arrangements: Special arrangements regarding existing mortgages, if any party is taking over payments
3. Tax Considerations: Specific arrangements for handling capital gains tax or other tax implications
4. Foreign Investment Provisions: Required if either party is not an Australian resident
5. Child Accommodation Considerations: Special provisions if the property sale affects children's living arrangements
6. Rental Income: Distribution of rental income if the property is currently tenanted
7. Existing Contracts: Handling of existing contracts related to the property (maintenance, lease, etc.)
1. Property Title Details: Complete legal description of the property and title information
2. Current Property Valuation: Professional valuation report or agreed value assessment
3. Outstanding Mortgage Details: Current mortgage statements and payout figures
4. Maintenance Schedule: List of required maintenance or repairs before sale
5. Cost Allocation Schedule: Detailed breakdown of how various costs will be shared
6. Settlement Adjustment Schedule: Calculations for adjustments of rates, taxes, and other outgoings
7. Independent Legal Advice Certificates: Signed certificates from each party's legal representative
Relevant legal definitions
Clauses
Relevant Industries
Legal Services
Real Estate
Financial Services
Property Development
Professional Services
Family Services
Banking
Insurance
Relevant Teams
Legal
Real Estate
Property Services
Family Law
Conveyancing
Financial Advisory
Settlements
Compliance
Document Processing
Client Relations
Relevant Roles
Family Lawyer
Real Estate Agent
Conveyancing Lawyer
Property Lawyer
Legal Counsel
Divorce Mediator
Financial Advisor
Property Valuer
Settlement Agent
Mortgage Broker
Family Court Registrar
Legal Document Specialist
Find the exact document you need
Pre Possession Agreement
An Australian legal agreement allowing property buyers to take possession before settlement, outlining terms, conditions, and responsibilities of both parties.
find out more
Tenant Settlement Agreement
An Australian jurisdiction agreement that formalizes settlement terms between landlords and tenants, including financial arrangements and mutual releases.
find out more
Government Settlement Agreement
An Australian legal agreement resolving disputes between government entities and other parties, detailing settlement terms and compliance with public sector requirements.
find out more
Full And Final Release Settlement
An Australian legal agreement that provides a complete settlement of claims between parties, including payment terms and mutual releases from future liability.
find out more
Divorce Financial Settlement Consent Order
An Australian court order that formalizes agreed financial settlements between divorcing parties under the Family Law Act 1975.
find out more
Wage Settlement Agreement
An Australian legal agreement that documents the resolution of wage-related disputes between employers and employees, compliant with Fair Work Act requirements.
find out more
Debt Release Agreement
An Australian legal document that formally releases a debtor from their obligation to pay a specified debt, either wholly or partially, under Australian law.
find out more
Mutual Settlement Agreement
An Australian law-governed agreement that documents settlement terms between parties to resolve a dispute and prevent future claims.
find out more
Tripartite Settlement Agreement
An Australian law-governed agreement that formalizes settlement terms and obligations between three parties, providing a legally binding resolution to multi-party matters.
find out more
Termination And Settlement Agreement
An Australian law-governed agreement that documents employment termination terms and mutual settlement conditions between employer and employee.
find out more
Settlement Agreement Between Landlord And Tenant
An Australian legal agreement that documents the resolution of disputes between landlords and tenants, incorporating state-specific tenancy laws and settlement terms.
find out more
Selling House Divorce Agreement
An Australian legal agreement governing the sale of property between divorcing parties, combining family law and real estate transaction requirements.
find out more
Redundancy Agreement
An Australian legal agreement that sets out the terms and conditions for terminating employment due to a genuine redundancy situation, in compliance with Australian employment law.
find out more
Precedent Settlement Agreement
Australian precedent Settlement Agreement template for documenting dispute resolutions, incorporating key provisions under Australian law and jurisdiction-specific requirements.
find out more
Global Settlement Offer Divorce
An Australian family law document proposing comprehensive terms for divorce settlement, including property division, financial arrangements, and applicable parenting matters.
find out more
Division Agreement
An Australian legal document governing the division of business assets, operations, or corporate entities under Australian federal and state laws.
find out more
Contract Settlement Agreement
An Australian law-governed agreement that formally documents the resolution of a dispute between parties, including settlement terms and mutual releases.
find out more
Binding Settlement Agreement
An Australian law-governed agreement that formally documents settlement terms between disputing parties, ensuring legal enforceability and clear resolution parameters.
find out more
Voluntary Redundancy Settlement Agreement
An Australian law-governed agreement documenting the terms and conditions of a voluntary redundancy between employer and employee, including statutory entitlements and mutual obligations.
find out more
Inheritance Settlement Agreement
An Australian law-governed agreement that formalizes the settlement of inheritance disputes and arrangements between parties with interests in a deceased estate.
find out more
Estate Family Settlement Agreement
An Australian legal agreement formalizing the settlement and distribution arrangements of an estate between family members.
find out more
Divorce Agreement
An Australian legal document that formalizes divorce terms and conditions under the Family Law Act 1975, including property settlement and parenting arrangements.
find out more
Dismissal Settlement Agreement
An Australian law-governed agreement that formally documents the terms of an employee's departure and settlement, including compensation, releases, and ongoing obligations.
find out more
Whistleblowing Settlement Agreement
An Australian law-governed agreement settling whistleblowing matters between an organization and whistleblower, ensuring compliance with federal whistleblower protection laws.
find out more
Settlement Agreement Not To Sue
An Australian-law governed settlement agreement that resolves disputes through formal release of claims and covenants not to sue, providing legal finality to potential or existing disputes.
find out more
Divorce Stipulation Agreement
An Australian legal agreement documenting divorce terms and conditions, including property division and financial arrangements, under the Family Law Act 1975.
find out more
Non Payment Of Settlement Agreement
An Australian jurisdiction agreement documenting default on settlement payments, establishing new payment terms and enforcement mechanisms.
find out more
Federal Settlement Agreement
An Australian federal jurisdiction agreement that formally documents settlement terms between parties, ensuring compliance with federal laws and court requirements.
find out more
Family Settlement Agreement Probate
An Australian legal agreement that formalizes the settlement of estate distribution disputes under state probate laws and establishes binding terms for all parties involved.
find out more
Bullying Settlement Agreement
An Australian law-governed agreement documenting the settlement terms and mutual obligations resolving workplace bullying allegations between employees and involved parties.
find out more
Agreed Reference Settlement Agreement
An Australian law-governed agreement that settles disputes and establishes terms for future references between parties.
find out more
Personal Injury Settlement Agreement
An Australian jurisdiction agreement that formalizes the settlement of a personal injury claim, outlining compensation terms and mutual obligations between the injured party and the responsible party.
find out more
Informal Settlement Agreement
An Australian informal settlement agreement for efficiently resolving disputes between parties under Australian law, featuring simplified terms and basic settlement provisions.
find out more
Workers Compensation Settlement Agreement
An Australian legal agreement documenting the settlement of a workers compensation claim between worker, employer, and insurer, governed by state/territory compensation laws.
find out more
Settlement Agreement Compensation Payment
An Australian-law governed agreement documenting settlement terms and compensation payment between parties to resolve a dispute or claim.
find out more
Non Disparagement Settlement Agreement
An Australian legal agreement combining settlement terms with mutual commitments to refrain from making disparaging statements about other parties.
find out more
Tentative Settlement Agreement
An Australian jurisdiction document outlining preliminary settlement terms between parties, serving as a framework for negotiating a final settlement agreement.
find out more
Small Claims Settlement Agreement
An Australian legal document that formalizes the settlement of small claims disputes through state/territory tribunals, typically for claims under $25,000.
find out more
Short Settlement Agreement
An Australian law-governed agreement that efficiently documents dispute resolution terms and mutual obligations between settling parties.
find out more
Relationship Settlement Agreement
An Australian legal agreement documenting the settlement terms between separating parties under the Family Law Act 1975 (Cth).
find out more
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)