Free Separation Agreement

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Governing Law

Australian Capital Territory
Your Separation Agreement will be governed by the laws of the  Australian Capital Territory.  It will also be tailored to meet the specific laws and regulations of the  Australian Capital Territory, which you have selected.
Frequently Asked Questions

What is the governing law of the Separation Agreement?Note that the Family Court of Australia has jurisdiction over all matrimonial causes and associated responsibilities.

Your Separation Agreement

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SEPARATION AGREEMENT

THIS SEPARATION AGREEMENT ( the "Agreement") is made and entered into on the 28th day of August, 2016, between the following parties (the "Parties").

BETWEEN:

__________________________
of Australian Capital Territory
(the "Husband")

OF THE FIRST PART

- and -

__________________________
of ___________________________________
(the "Wife")

OF THE SECOND PART

BACKGROUND:

  1. The Parties were lawfully married on the 28th day of August, 2016, at _________________________________
  2. The effective date of separation is August 28, 2016.
  3. There is 1 child of the marriage, namely:

    Name of Child

    Date of Birth

    __________

    August 28, 2016

  4. Due to certain differences that have developed between the Parties, they agree to live separate and apart from each other, subject to the terms and conditions in this Agreement.
  5. DISCLOSURE:  The Parties have made complete, fair and accurate disclosure to each other on all financial matters reflected in this Agreement.  The Parties are each satisfied with the degree of disclosure made as to the other parties' assets and liabilities.  Neither party needs or wants further information.  Each party states that he or she fully understands his or her rights and liabilities in relation to the other, and the other's assets, liabilities and income.
  6. The Parties intend this Contract to be a final settlement of the parties' rights to their relationship or joint property and, subject to any required Court approval, the issue of child and spousal/partner support, if any, as the case may be.
  7. Both Parties are voluntarily entering into this Contract, and neither has been forced by the other Party, or anyone else, to sign it.
  8. This document is the Separation Agreement Contact of the Parties, and shall be called the "Contract".
  9. The terms of this Agreement are intended to settle the matters addressed and may be incorporated into a final Court Order, unless specific matters are amended or addressed in a subsequent Separation Agreement.
  10. The Parties have each consulted an attorney with regards to his or her legal rights arising out of the marital relationship and the terms of this agreement.
  11. The Parties have each voluntarily entered into this Agreement and have not been forced by anyone to sign this Agreement, and both Parties confirm and state that they are in sound mental health and know of no reason as to why they are not competent to sign this Agreement.

IN CONSIDERATION OF the mutual promises exchanged in this document, the parties agree as follows:

  1. PART I - DISSOLUTION

  2. Effective Upon Signing

  3. This Agreement shall become effective immediately upon signing by the parties, but nothing in this Agreement shall prevent the parties from defending any actions which have been commenced by the one party against the other party to this Agreement.
  4. Living Separate and Apart

  5. The Parties may, at all times hereafter, live separate and apart from the other, as if each were unmarried, and may reside in such place or places, and in such manner as each shall think fit.  Neither will at any time, require the other to live with him or her, and will not, in any way, molest, annoy, disturb or interfere with the other in his or her manner of living or otherwise, or interfere in any manner with his or her associates or friends.
  6. Neither party shall by any act, omission, remark, comment, innuendo, or in any way whatsoever, attempt to influence the other party, nor anyone else, in the opinion that they hold of such lifestyle, friends and acquaintances as their spouse may choose for him or herself.
  7. PART II - PARENTING

  8. The parties promise that they will respect the rights of the child and that each party will endeavour to instill in the child, respect for both parents, and that neither party shall by any act, remark, comment, omission, or innuendo attempt to alienate the child from the other parent.  The child shall be taught to continue to love and to respect both parents.
  9. The decision making authority regarding the child of the marriage shall be with: __________________________.
  10. The child shall have primary residence with __________________________, who shall have the day-to-day responsibility for the guidance and upbringing of the child.
  11. Co-Parenting Schedule:  

    ___________________________________________________________

  12. It is the intention of the parties in agreeing as set out in this contract, that each of them shall continue having a full and active role in providing a sound, moral, social, economic and educational environment for the child and continue that support which the child has received to date.  The parties shall consult with one another in substantial questions relating to religious upbringing, educational programs, significant changes in social environment, and non-emergency health care of the child .  In accepting the broad grant of privileges conferred by this custodial arrangement upon each of the parents, they specifically recognize that these powers shall not be exercised for the purpose of frustrating, denying or controlling in any manner the social development of the other parent.  The parents shall exert their best efforts to work co-operatively in future plans consistent with the best interests for the child and in amicably resolving disputes as may arise.
  13. In the event that the parents alone cannot  resolve a conflict, they agree to seek appropriate, competent assistance.  The matter shall be referred for mediation, and, if not successful, then for arbitration to some mutually acceptable person.  This procedure shall be followed to its conclusion prior to either party seeking relief from the Court while the dispute is being resolved, and the residential parent shall continue making such day-to-day decisions as are necessary, but shall take no substantial action in the area of the disagreement which would prejudice or take advantage of the other parent by use of the residential status to his or her own benefit.
  14. Each of the parents shall exert every effort to maintain free access and unhampered contact between the child and the other parent; and to foster a feeling of affection between the child and the other parent.  Neither parent shall do anything which would:

    (a) estrange the child from the other parent; and

    (b) injure the opinion of the child as to the other parent; and

    (c) impair the natural development of the child's love and respect for either parent.
  15. PART III - CHILD MAINTENANCE

  16. CHILD MAINTENANCE:

    Child Maintenance shall be paid by __________________________ (the "Paying Parent"), in equal monthy payments of $0 AUD as child maintenance, for an annual amount of $0 AUD.

  17. Child Maintenance payments shall commence on August 28, 2016, and subsequent payments shall be paid on the last day of each and every month.
  18. ADDITIONAL CHILD CARE COSTS:

    Additional child care costs have been agreed between the parties as $0.00 AUD, which have been agreed to include:

         ___________________________________________________________


    These additional child care costs shall be paid, in addition to the Child Maintenance, upon request by __________________________ as a percentage of the additional child care costs, with __________________________ paying 0% of the above additional child care costs, for the amount of $0 AUD.

  19. __________________________ will maintain health insurances, including medical and dental coverage, for the benefit of __________.
  20. Child Maintenance payments, contributions to uninsured health care costs, child care costs and extraordinary expenses, and the maintenance of health insurance will continue for the child as long as the child is:
    1. Under the age of majority, unmarried and financially dependent on the parents;
    2. Over the age of majority, unmarried and financially dependent on the parents due to illness or disability;
    3. Over the age of majority, unmarried and attending an accredited post-secondary educational institution as a full-time student and is dependent on the parents for support. These child maintenance benefits will continue until the child has completed his or her first post-secondary degree or diploma or until the end of the calendar year in which the child reaches the age of 18 years, whichever comes first.; and
    4. The Paying Parent will not be required to pay a tuition amount greater than the tuition rate for a reasonably comparable program at the public-supported university or college nearest the residence of the child at the time of entrance.
  21. PART IV - SPOUSAL MAINTENANCE

  22. Neither party claims entitlement to spousal maintenance at this time. Both parties waive any claim to spousal maintenance during the separation, regardless of the length of the period of separation.
  23. Should the party paying spousal maintenance pre-decease the party receiving spousal maintenance, then the spousal maintenance payments shall constitute a binding and first charge on the estate of the paying spouse, for so long as the obligation continues, subject to the terms set out in this agreement.
  24. The party paying spousal maintenance shall continue to maintain the other spouse on the paying spouses extended health insurance coverage, including any dental plan, so long as they are able.  Should the paying spouse pre-decease the receiving spouse, any extended health coverage and dental plan shall continue in an identical fashion paid by the paying spouses estate, for so long as the obligation continues, subject to the terms set out in this agreement.
  25. The amount of spousal support set out above may be varied if there is change in circumstances of either of the parties.

  26. PART V - MATRIMONIAL PROPERTY DIVISION

  27. INCOME

  28. HUSBAND total annual employment income is $0.00.  The Husband has no other source of income.
  29. WIFE total annual employment income is $0.00.  The Wife has no other source of income.
  30. MATRIMONIAL HOME

  31. The address of the marital home is: _________________________. and is being rented by the parties.
    1. The expenses relating to the marital home, including but not limited to, upkeep,  mortgage payments, utility bills, property taxes, and repair costs, will be paid by the Husband.
  32. ASSETS
  33. The parties acknowledge that they have agreed upon a division of all assets, owned or possessed by them as marital property or separate property. The parties are in possession of all of those assets to which he or she is respectively entitled.  Accordingly, neither makes any claim to any assets in the possession of the other.
  34. For greater clarification, the parties hereby relinquish all rights to their interest in furniture or other household effects presently in the possession of the other, and that the other is the absolute owner of them, with the exception of items that the parties have agreed upon to divide.  The parties further agree that, except as otherwise stated in this Contract, all of the property:

    a. Now owned or possessed by either party; or

    b. Which either of them may acquire in the future, shall be deemed to be the property of the person possessing it, and the other party shall have no claim to it, or against it.
  35. DEBTS
  36. The Parties acknowledge that they have agreed upon a division of all property, owned or possessed by them as marital property or separate property. The Husband and Wife are in possession of all of those properties to which he or she is respectively entitled. Accordingly, neither makes any claim to any property or properties in the possession of the other.
  37. The Parties agree to divide their marital debts as follows:
    1. The Husband will assume the following debts and will not hold the Wife responsible to pay any portion of them, now or in the future:
        Description Value

      1

       

      $0.00

    2. The Wife will assume the following debts and will not hold the Husband responsible to pay any portion of them, now or in the future:  
        Description Value

      1

       

      $0.00

  38. The parties agree that any indebtedness secured against, or attributable to, any item of property that either party is receiving under this Agreement will be the sole responsibility of the party receiving the particular property.
  39. Any debt incurred by either party after their separation on August 28, 2016, shall be paid by the party incurring that debt and in the event the other is required to pay it, the party incurring the debt shall indemnify the other for all losses or expenses so incurred, including legal fees on a solicitor/ client basis.
  40. For the purposes of clarification only, the parties acknowledge and agree that, unless otherwise stated in this Contract, any indebtedness secured against any assets that either party is receiving under this Contract shall be the sole responsibility of the party receiving the particular asset.
  41. After the execution of this Contract:

    a. Each party shall be solely responsible for any loans or debts in his or her name;

    b. Neither shall borrow money or incur any debt for which the other would be responsible; and

    c. In the event one of the parties is required to pay a debt incurred by the other, the party who incurred the debt shall repay the other.
  42. Administration of Estates

  43. Subject to any other agreement as between the parties, the Parties relinquish any right or interest of any kind that either might otherwise be or become entitled to claim:

    a. Against the other's estate; or

    b. Against the heirs, executors, administrators or assigns of the other.


    This Release is understood by both parties to be all-inclusive and to terminate rights otherwise arising in relation to the other's estate from the fact of the parties' relationship in both the common law and legislation.
  44. Testamentary Disposition

  45. Nothing contained in this Contract shall be interpreted as a waiver by one party of any inheritance that may be left to him or her by the other party in his or her Will or codicil.  However, the parties confirm that neither of them have made any representations or promises to the other of any kind regarding such a gift or inheritance.
  46. Additional Provisions

  47. ___________________________________________________________
    ___________________________________________________________
    ___________________________________________________________
    ___________________________________________________________
  48. GENERAL CLAUSES

  49. This Agreement contains the entire agreement between the Parties.  Except as provided elsewhere in this Agreement, this Agreement replaces any earlier written or oral agreement between the Parties.
  50. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
  51. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
  52. This Contract shall be interpreted in accordance with the laws of Australian Capital Territory and the property of the parties shall be governed by it.
  53. Each party acknowledges that he or she has carefully read and reviewed this Contract and is completely aware, not only of its contents, but also of its legal effect.
  54. Even if there has not been a full disclosure of financial information concerning the assets, liabilities and financial circumstances of each party, each party is satisfied with the extent of the other's disclosure and neither party desire further information prior to executing this Contract.
  55. The parties agree to execute any further documentation that may be required from time to time by either party, or their solicitors, to give full effect to the terms of this Contract. The parties further agree that they will give to the other all documents, or any and all items, necessary to give full force and effect to the terms of this Agreement.
  56. The obligations and benefits of this Contract shall be binding upon the parties and their respective heirs, executors, administrator, successors or assigns.
  57. In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation, prior to initiating a court action.
  58. If it becomes necessary for one of the parties to enforce any term of this Contract, then the other party shall pay all costs incurred by the other in relation to that enforcement, on a solicitor/client basis.
  59. This Contract may only be terminated or varied by written agreement between the parties.

  60. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
  61. This Agreement may only be varied by written agreement between the parties. The terms of this Agreement will remain in effect unless the Parties terminate this Agreement in writing and duly signed by both Parties.

IN WITNESS WHEREOF the Parties have duly affixed their signatures on August 28, 2016.




_____________________________
Witness (print name and sign)




_____________________________
__________________________
__________________________
__________________________, ACT
__________________________




_____________________________
Witness (print name and sign)




_____________________________
__________________________
__________________________
__________________________, ________________________________
__________________________





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