The Agreement Before Marriage is a crucial legal document in Australian family law, designed to provide clarity and certainty regarding financial arrangements between prospective spouses. Used primarily by couples seeking to protect existing assets, business interests, or inheritance rights before entering into marriage, this agreement is particularly relevant for high-net-worth individuals, business owners, or those with complex financial arrangements. The document must comply with strict requirements under the Family Law Act 1975, including mandatory independent legal advice for both parties. It typically includes comprehensive financial disclosure, detailed asset schedules, and specific provisions for property division in case of separation. While common in scenarios involving significant assets or business interests, these agreements are increasingly used across various socioeconomic backgrounds as a practical approach to financial planning in modern relationships.
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1. Parties: Identification and details of both parties entering into the agreement
2. Background: Context of the agreement, including the intended marriage and purpose of the agreement
3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation
4. Independent Legal Advice: Declarations regarding receipt of independent legal advice by both parties
5. Financial Disclosure: Statements regarding full disclosure of financial circumstances by both parties
6. Separate Property: Definition and treatment of property owned separately by each party
7. Joint Property: Treatment of property acquired jointly during the marriage
8. Financial Support: Arrangements regarding spousal maintenance and financial support
9. Property Division on Separation: Agreed method of property division in case of relationship breakdown
10. Dispute Resolution: Process for resolving disputes arising from the agreement
11. Severability: Provisions for maintaining validity if parts are found void
12. Amendment and Termination: Conditions and process for modifying or terminating the agreement
13. Governing Law: Specification of Australian law as governing law and jurisdiction
1. Business Interests: Provisions regarding existing or future business interests, used when either party owns or may establish a business
2. Inheritance and Gifts: Treatment of inherited assets or expected inheritances, included when significant inheritance is expected
3. Existing Children: Provisions regarding children from previous relationships, included when either party has existing children
4. Future Children: Arrangements regarding future children of the marriage, optional based on parties' preferences
5. Intellectual Property: Protection of intellectual property rights, included for parties with significant IP assets
6. International Assets: Provisions for overseas assets and jurisdictional issues, included for parties with international interests
7. Death Benefits: Arrangements regarding superannuation, life insurance, and other death benefits
8. Confidentiality: Provisions regarding privacy and confidentiality of the agreement and relationship
9. Religious Requirements: Specific provisions aligned with religious beliefs or requirements, if applicable
1. Schedule A - Assets and Liabilities: Detailed list of each party's assets and liabilities at the time of agreement
2. Schedule B - Financial Disclosure: Comprehensive financial statements from both parties
3. Schedule C - Business Valuations: Independent valuations of business interests (if applicable)
4. Schedule D - Superannuation Interests: Details of superannuation holdings and agreed treatment
5. Schedule E - Property Valuations: Current market valuations of significant property assets
6. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from both parties' legal advisors
7. Appendix 2 - Supporting Documents: Copies of relevant documents referenced in the agreement
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