Relationship Settlement Agreement for Australia

Relationship Settlement Agreement Template for Australia

A legally binding document governed by Australian family law that formalizes the agreed terms of settlement between separating parties, whether married or in a de facto relationship. The agreement comprehensively addresses the division of assets, financial arrangements, and where applicable, parenting matters. It complies with the requirements of the Family Law Act 1975 (Cth) and related legislation, providing a formal framework for the separation of financial affairs and personal matters. The document must meet strict legal requirements for validity and enforceability in Australian courts.

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What is a Relationship Settlement Agreement?

The Relationship Settlement Agreement is a crucial legal document used in Australian family law to formalize the terms of separation between parties who are ending their marriage or de facto relationship. It serves as a comprehensive record of how the parties have agreed to divide their property, handle financial matters, and address parenting arrangements if children are involved. The agreement must comply with the Family Law Act 1975 (Cth) and related legislation, requiring independent legal advice for both parties before signing. This document is particularly important as it can help avoid future disputes and provides certainty for both parties moving forward. It typically includes detailed schedules of assets and liabilities, specific arrangements for property division, and may also cover matters such as spousal maintenance and superannuation splitting. The agreement becomes binding once properly executed and can be registered with the Federal Circuit and Family Court of Australia if required.

What sections should be included in a Relationship Settlement Agreement?

1. Parties: Identification and details of both parties to the agreement

2. Background: History of the relationship, including date of marriage/cohabitation, separation date, and current status

3. Definitions: Definitions of key terms used throughout the agreement

4. Acknowledgments: Statements confirming independent legal advice, full disclosure, and voluntary entry into the agreement

5. Separation Declaration: Formal declaration of separation and intention to live separately and apart

6. Property Division: General principles and approach to division of property, including real estate, vehicles, and personal effects

7. Financial Arrangements: Overview of financial settlement, including lump sum payments, periodic payments, and timing

8. Mutual Release: Mutual release of future claims against each other's property or estate

9. Confidentiality: Provisions regarding confidentiality of the agreement and settlement terms

10. Dispute Resolution: Process for resolving any future disputes regarding the agreement

11. Governing Law: Specification that the agreement is governed by Australian law

12. Execution: Signing requirements and attestation provisions

What sections are optional to include in a Relationship Settlement Agreement?

1. Children's Arrangements: Details of parenting arrangements, including residence, contact, and decision-making responsibilities - included when there are children of the relationship

2. Child Support: Arrangements for financial support of children - included when there are dependent children

3. Spousal Maintenance: Provisions for ongoing financial support between parties - included when relevant to the settlement

4. Business Interests: Division or management of shared business interests - included when parties have joint business holdings

5. Superannuation Splitting: Arrangements for division of superannuation interests - included when superannuation splitting is part of settlement

6. Taxation Matters: Handling of tax liabilities and benefits - included when there are significant tax implications

7. Insurance Policies: Treatment of life, health, or other insurance policies - included when there are joint policies

8. Pets: Arrangements for care and custody of pets - included when there are shared pets

9. Future Property: Treatment of property acquired after separation but before settlement - included when relevant

10. International Assets: Special provisions for overseas assets - included when parties have international property

What schedules should be included in a Relationship Settlement Agreement?

1. Schedule A - Real Property: Detailed list of all real estate properties and their agreed disposition

2. Schedule B - Personal Property: Comprehensive inventory of personal property and allocation between parties

3. Schedule C - Financial Assets: List of bank accounts, investments, and other financial assets

4. Schedule D - Liabilities: Schedule of all joint and individual debts and responsibilities

5. Schedule E - Superannuation: Details of superannuation interests and splitting arrangements

6. Appendix 1 - Parenting Plan: Detailed parenting arrangements if children are involved

7. Appendix 2 - Business Valuation: Independent valuation reports for business interests

8. Appendix 3 - Certificate of Independent Legal Advice: Certificates from each party's legal representative

9. Appendix 4 - Financial Disclosure Statements: Sworn financial statements from both parties

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

Legal Services

Financial Services

Real Estate

Professional Services

Family Services

Wealth Management

Property Management

Business Advisory

Mediation Services

Social Services

Relevant Teams

Legal

Family Law

Dispute Resolution

Document Processing

Client Services

Advisory Services

Property Services

Financial Advisory

Mediation

Compliance

Relevant Roles

Family Lawyer

Legal Partner

Associate Lawyer

Paralegal

Legal Secretary

Mediator

Family Dispute Resolution Practitioner

Financial Advisor

Property Valuer

Business Valuer

Family Court Registrar

Legal Document Specialist

Relationship Counselor

Estate Planning Lawyer

Conveyancer

Industries
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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

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