Division Agreement for Australia

Division Agreement Template for Australia

An Australian Division Agreement is a comprehensive legal document that facilitates the division or separation of business assets, operations, or corporate entities. It operates under Australian federal and state laws, particularly the Corporations Act 2001 (Cth) and relevant state legislation. The agreement details the complete restructuring process, including asset allocation, liability distribution, employee arrangements, and ongoing obligations between the divided entities. It ensures compliance with Australian regulatory requirements while providing a clear framework for implementing the business division efficiently and legally.

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.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Division Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Division Agreement?

A Division Agreement is essential when Australian businesses need to separate their operations, assets, or corporate structure into distinct entities. This document is particularly crucial in scenarios such as corporate restructuring, demergers, spin-offs, or family business successions. The agreement must comply with Australian corporate law, particularly the Corporations Act 2001 (Cth), and addresses critical aspects including asset division, liability allocation, employee transfers, tax implications, and ongoing business relationships between the separated entities. It provides a comprehensive framework for managing the division process while ensuring all regulatory requirements are met and stakeholder interests are protected. The Division Agreement should be tailored to specific circumstances while maintaining compliance with both federal and state legislation applicable to the Australian business environment.

What sections should be included in a Division Agreement?

1. Parties: Identification of all parties involved in the division agreement

2. Background: Context of the division, including current business structure and reason for division

3. Definitions and Interpretation: Defined terms and interpretation rules used throughout the agreement

4. Division Structure: Overall structure and methodology of the proposed division

5. Asset Allocation: Detailed allocation of assets between parties post-division

6. Liabilities and Obligations: Distribution and assumption of existing liabilities and ongoing obligations

7. Financial Arrangements: Financial terms including payments, adjustments, and settlement of accounts

8. Implementation Process: Steps and timeline for implementing the division

9. Tax Matters: Treatment of tax obligations and arrangements post-division

10. Representations and Warranties: Standard warranties regarding authority, ownership, and disclosure

11. Confidentiality: Obligations regarding confidential information

12. Dispute Resolution: Process for resolving disputes arising from the agreement

13. General Provisions: Standard boilerplate clauses including notices, governing law, and entire agreement

What sections are optional to include in a Division Agreement?

1. Employee Arrangements: Include when the division affects employment relationships, covering transfer or termination of employees

2. Intellectual Property Rights: Include when IP assets need to be divided or licensed between parties

3. Real Property: Include when real estate assets are involved in the division

4. Regulatory Compliance: Include when specific regulatory approvals or notifications are required

5. Transitional Services: Include when ongoing services need to be provided between divided entities

6. Non-Competition: Include when restrictions on future competition between parties are needed

7. Customer and Supplier Contracts: Include when existing commercial relationships need to be allocated or managed

8. Insurance Arrangements: Include when insurance policies need to be separated or new coverage arranged

What schedules should be included in a Division Agreement?

1. Asset Register: Detailed listing of all assets being divided, including values and allocation

2. Liability Register: Comprehensive list of all liabilities and their allocation

3. Employee List: Details of affected employees and their terms of employment

4. Intellectual Property Register: List of all IP assets and their allocation

5. Contract Register: Schedule of all contracts being transferred or requiring novation

6. Implementation Timeline: Detailed timeline for implementing the division

7. Financial Statements: Relevant financial statements and projections

8. Tax Calculations: Detailed tax implications and calculations

9. Form of Novation Agreements: Template agreements for novating contracts

10. Transitional Services Agreement: Detailed terms of any transitional services arrangements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Retail

Professional Services

Technology

Financial Services

Real Estate

Mining and Resources

Healthcare

Construction

Agriculture

Transport and Logistics

Education

Media and Entertainment

Relevant Teams

Legal

Finance

Executive

Human Resources

Operations

Risk and Compliance

Tax

Corporate Development

Strategy

Asset Management

Commercial

Treasury

Company Secretariat

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

Chief Operating Officer

Corporate Lawyer

Financial Controller

Company Secretary

Tax Manager

HR Director

Operations Manager

Risk Manager

Compliance Officer

Business Development Director

Asset Manager

Commercial Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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
See more related templates

Genie’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; Genie’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

2 Docs LeftAccess Now