Matrimonial Agreement Template for Australia

A Matrimonial Agreement is a legally binding financial document that allows you to determine how your assets, debts, and financial responsibilities will be handled in your marriage. Under Australian law, specifically Part VIIIA of the Family Law Act 1975 (Cth), these agreements provide couples with the ability to override the standard property settlement provisions that would otherwise apply under the Family Court's jurisdiction.

When do you need this document?

You should consider a Matrimonial Agreement if you're entering marriage with significant personal assets, business interests, or expected inheritances that you want to protect. This document is particularly valuable for couples where one or both parties own property, have substantial superannuation, operate businesses, or have children from previous relationships. It's also essential if you're entering a second marriage and want to ensure certain assets remain with your children from your first marriage. Many couples use these agreements to provide clarity about financial arrangements, avoiding potential disputes and expensive court proceedings if the relationship ends.

Key legal considerations

Your Matrimonial Agreement must meet strict legal requirements to be enforceable in Australian courts. Both parties must receive independent legal advice from qualified family law practitioners, and this advice must be certified in writing. The agreement requires full and frank disclosure of all financial circumstances, including assets, liabilities, income, and financial resources. You cannot include provisions about child custody or child support arrangements, as these matters remain under the Family Court's jurisdiction regardless of any agreement. The document must be signed by both parties and their respective lawyers, and it should clearly outline how assets acquired both before and during the marriage will be treated upon separation.

Legal requirements in Australia

Under the Family Law Act 1975, your Matrimonial Agreement must comply with Section 90G requirements to be legally binding. Each party must receive independent legal advice about the effect of the agreement on their rights and the advantages and disadvantages of making the agreement. The legal practitioner must certify this advice was provided before the agreement was signed. The agreement must be in writing and signed by all parties in the presence of at least one witness who is not a party to the agreement. Financial disclosure must be comprehensive and honest, as courts can set aside agreements where there has been material non-disclosure. Additionally, courts retain discretion to set aside agreements in cases of unconscionable conduct, duress, or if enforcement would cause hardship to children of the relationship.