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1. Parties: Identification of both parties to the agreement, including full legal names, addresses, and any other relevant identifying information
2. Background: Brief history of the marriage, divorce status, and context for the buyout agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Detailed description of the property or properties subject to the buyout
5. Agreed Purchase Price: Specified amount for the buyout, including how this value was determined
6. Payment Terms: Details of how and when the buyout payment will be made, including any installment arrangements
7. Transfer of Title: Process and requirements for transferring property title from joint ownership to single ownership
8. Release of Claims: Mutual release of future claims regarding the subject property
9. Tax Implications: Acknowledgment of tax consequences and responsibility for tax obligations
10. Costs and Expenses: Allocation of costs related to the buyout transaction
11. Governing Law: Specification that the agreement is governed by Australian law
12. Execution: Signing requirements and declaration of independent legal advice
1. Mortgage Arrangements: Required when there is an existing mortgage on the property, detailing refinancing or assumption of the mortgage
2. Business Interests: Needed when the buyout involves business assets or commercial property
3. Temporary Occupancy: Used when one party needs temporary occupancy rights during the transition period
4. Maintenance and Repairs: Required when there are ongoing maintenance issues or repairs needed before transfer
5. Third-Party Consents: Needed when the buyout requires approval from banks, trustees, or other third parties
6. Insurance Provisions: Used when specific insurance arrangements need to be maintained during the transfer period
7. Contingency Provisions: Optional provisions for dealing with potential future events or circumstances
1. Schedule A - Property Valuation: Independent valuation report or agreed value assessment of the property
2. Schedule B - Payment Schedule: Detailed breakdown of payment arrangements if involving installments
3. Schedule C - Property Inventory: List of any included fixtures, fittings, or contents in the buyout
4. Schedule D - Outstanding Liabilities: List of any mortgages, liens, or other encumbrances on the property
5. Schedule E - Transfer Documents: Copies of required transfer forms and documentation
6. Appendix 1 - Certificate of Independent Legal Advice: Signed certificates from each party's legal representative
7. Appendix 2 - Property Title Documents: Copies of current property title and relevant ownership documents
Property
Settlement Date
Purchase Price
Completion
Deposit
Encumbrances
Transfer Date
Independent Legal Advice
Matrimonial Home
Joint Interest
Outgoing Spouse
Remaining Spouse
Valuation
Settlement Funds
Certificate of Title
Matrimonial Property Pool
Transfer Documents
Business Day
Completion Date
Default
Financial Institution
Mortgage
Release
Security Interest
Stamp Duty
Title Documents
Spouse's Interest
Market Value
Registered Interest
Caveat
Adjustment Date
Outgoings
Capital Gains Tax
Settlement Agent
Contract Date
Disclosure
Effective Date
Execution Date
Legal Practitioner
Payment Schedule
Registration Fees
Property Identification
Purchase Price
Payment Terms
Settlement
Title Transfer
Mortgage Release
Property Handover
Risk and Insurance
Representations and Warranties
Release of Claims
Tax Matters
Costs and Expenses
Default and Remedies
Independent Legal Advice
Confidentiality
Dispute Resolution
Further Assurance
Notices
Governing Law
Severability
Entire Agreement
Amendment
Assignment
Force Majeure
Execution
Property Maintenance
Indemnification
Compliance with Court Orders
Third Party Rights
Legal Services
Real Estate
Financial Services
Banking
Property Management
Professional Services
Family Services
Conveyancing Services
Legal
Property
Conveyancing
Family Law
Document Processing
Client Services
Financial Advisory
Settlements
Compliance
Family Lawyer
Property Lawyer
Conveyancing Lawyer
Legal Assistant
Paralegal
Financial Advisor
Mortgage Broker
Property Valuer
Settlement Agent
Legal Document Specialist
Family Court Registrar
Family Dispute Resolution Practitioner
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