Free Separation Agreement

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Create Your Free Separation Agreement

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Separation Agreement

<strong></strong>Where will your Separation Agreement be used?


Where will your Separation Agreement be used?

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?The Family Court of Australia has jurisdiction over most separation matters. For parties in Western Australia, the Family Court of Western Australia has jurisdiction over de facto separation matters.Are Separation Agreements legally enforceable?A Separation Agreement, known legally as a Financial Agreement, deals with issues such as spousal maintenance and division of property. A Separation Agreement is legally enforceable providing the parties receive independent legal advice and fulfil the signing requirements.

The clauses dealing with parenting plans and child maintenance may not be enforceable, but, should a dispute ever arise, the clauses will likely be taken into account by a court as proof of the parties' intentions.


Your Separation Agreement

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FINANCIAL AGREEMENT

THIS FINANCIAL AGREEMENT (the "Agreement") is made and entered into on 9 December 2018, between the following parties (the "Parties").

BETWEEN:

__________________________
of __________________________

OF THE FIRST PART

- and -

__________________________
of __________________________

OF THE SECOND PART

BACKGROUND:

  1. The Parties were lawfully married on 9 December 2018, at _________________________________
  2. The effective date of separation is 9 December 2018.
  3. This Agreement is made under Section 90C of the Family Law Act 1975.
  4. There is 1 child of the marriage, namely:
  5. 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.
  6. 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.
  7. The Parties intend this Agreement 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.
  8. Both Parties are voluntarily entering into this Agreement, and neither has been forced by the other Party, or anyone else, to sign it.
  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 Financial Agreement.
  10. The Parties have each consulted an attorney with regards to his or her legal rights arising out of the matrimonial 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 IV - SPOUSAL MAINTENANCE

  8. 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.
  9. 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.
  10. The party paying spousal maintenance shall continue to maintain the other spouse on the paying spouse's 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 spouse's estate, for so long as the obligation continues, subject to the terms set out in this agreement.
  11. The amount of spousal support set out above may be varied if there is change in circumstances of either of the parties.

  12. PART V - MATRIMONIAL PROPERTY DIVISION

  13. INCOME

  14. __________________________'s total annual employment income is $__________ AUD.
  15. __________________________'s total annual employment income is $__________ AUD.
  16. MATRIMONIAL HOME

  17. The address of the matrimonial home is: _________________________ and is being rented by the parties.
  18. ASSETS
  19. The parties acknowledge that they have agreed upon a division of all assets, owned or possessed by them as matrimonial 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.
  20. 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 Agreement, 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.
  21. DEBTS
  22. The Parties acknowledge that they have agreed upon a division of all property, owned or possessed by them as matrimonial property or separate property. The Parties 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.
  23. The Parties agree to divide their matrimonial debts as follows:
    1. __________________________ will assume the following debts and will not hold __________________________ responsible to pay any portion of them, now or in the future:

        Description Value

      1

       

      $__________ AUD

    2. __________________________ will assume the following debts and will not hold __________________________ responsible to pay any portion of them, now or in the future:

        Description Value

      1

       

      $__________ AUD

  24. 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.
  25. Any debt incurred by either party after their separation on 9 December 2018 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.
  26. For the purposes of clarification only, the parties acknowledge and agree that, unless otherwise stated in this Agreement, any indebtedness secured against any assets that either party is receiving under this Agreement shall be the sole responsibility of the party receiving the particular asset.
  27. After the execution of this Agreement:

    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.
  28. Administration of Estates

  29. 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.
  30. Testamentary Disposition

  31. Nothing contained in this Agreement 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 has made any representations or promises to the other of any kind regarding such a gift or inheritance.
  32. Additional Provisions

  33. ___________________________________________________________
    ___________________________________________________________
    ___________________________________________________________
    ___________________________________________________________
  34. GENERAL CLAUSES

  35. 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.
  36. 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.
  37. 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.
  38. This Agreement shall be interpreted in accordance with the laws of Australian Capital Territory and the property of the parties shall be governed by it.
  39. Each party acknowledges that he or she has carefully read and reviewed this Agreement and is completely aware, not only of its contents, but also of its legal effect.
  40. 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 Agreement.
  41. 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 Agreement. 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.
  42. The obligations and benefits of this Agreement shall be binding upon the parties and their respective heirs, executors, administrator, successors or assigns.
  43. 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.
  44. If it becomes necessary for one of the parties to enforce any term of this Agreement, then the other party shall pay all costs incurred by the other in relation to that enforcement, on a solicitor/client basis.
  45. This Agreement may only be terminated or varied by written agreement between the parties.

  46. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
  47. 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 9 December 2018.




_____________________________
Witness (print name and sign)




_____________________________
__________________________
__________________________




_____________________________
Witness (print name and sign)




_____________________________
__________________________
__________________________



[ END OF DOCUMENT ]


SEPARATION DECLARATION

I, __________________________, acknowledge and declare that:

  1. __________________________ and I were married from 9th day of December, 2018 to 9 December 2018;
  2. __________________________ and I separated on 9 December 2018 and are living separate and apart at the time of signing this declaration; and
  3. In my opinion, there is no reasonable likelihood of cohabitation being resumed.

DATED this 9th day of December, 2018.


_____________________
__________________________


SEPARATION DECLARATION

I, __________________________, acknowledge and declare that:

  1. __________________________ and I were married from 9 December 2018 to 9 December 2018;
  2. __________________________ and I separated on 9 December 2018 and are living separate and apart at the time of signing this declaration; and
  3. In my opinion, there is no reasonable likelihood of cohabitation being resumed.

DATED this 9 December 2018.


_____________________
__________________________


CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE AUSTRALIAN CAPITAL TERRITORY

I, ________________________, of the City of ___________________, in the Australian Capital Territory, Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by __________________________, named in the within instrument, being a Financial Agreement, separate and apart from __________________________, as to __________________________'s legal rights and liabilities under the terms and conditions of the said Financial Agreement, and that I acted solely for them. I explained fully to __________________________ the nature and effect of the said Financial Agreement on their rights and the advantages and disadvantages to them of entering the said Financial Agreement. __________________________ did execute the said Financial Agreement in my presence, and did acknowledge and declare that they were executing it of their own volition and without any fear, threats, compulsion or influence from __________________________, or any other person.

DATED at the City of ___________________, in the Australian Capital Territory this ____________ day of _________, 20___.

________________________
SOLICITOR
Print Name: _____________



I, __________________________, the person named in the annexed Financial Agreement, hereby acknowledge the foregoing this ____day of ______________20___.


________________________
__________________________


CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE AUSTRALIAN CAPITAL TERRITORY

I, ________________________, of the City of ___________________, in the Australian Capital Territory, Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by __________________________, named in the within instrument, being a Financial Agreement, separate and apart from __________________________, as to __________________________'s legal rights and liabilities under the terms and conditions of the said Financial Agreement, and that I acted solely for them. I explained fully to __________________________ the nature and effect of the said Financial Agreement on their rights and the advantages and disadvantages to them of entering the said Financial Agreement. __________________________ did execute the said Financial Agreement in my presence, and did acknowledge and declare that they were executing it of their own volition and without any fear, threats, compulsion or influence from __________________________, or any other person.

DATED at the City of ___________________, in the Australian Capital Territory this ____________ day of _________, 20___.

________________________
SOLICITOR
Print Name: _________________



I, __________________________, the person named in the annexed Financial Agreement, hereby acknowledge the foregoing this ____day of ______________20___.


________________________
__________________________

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