The Basic Prenuptial Agreement is a crucial legal document used in Australia by couples planning to marry who wish to establish clear financial arrangements before their marriage. It is governed by the Family Law Act 1975 (Cth) and must meet specific legal requirements to be binding, including mandatory independent legal advice for both parties. The agreement typically details the division of assets and liabilities both brought into and acquired during the marriage, provisions for financial support, and arrangements in case of separation. It's particularly important for parties with significant assets, business interests, potential inheritances, or those entering second marriages. The document must include comprehensive financial disclosure from both parties and can be customized to address specific circumstances while maintaining its basic framework as prescribed by Australian law.
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1. Parties: Identifies and provides full legal details of both parties entering into the agreement
2. Background: States the intention to marry, purpose of the agreement, and acknowledgment of the binding nature of the agreement
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Independent Legal Advice: Statements confirming both parties have received independent legal advice, with details of the advising solicitors
5. Financial Disclosure: General provisions regarding the disclosure of financial circumstances by both parties
6. Separate Property: Details of assets and liabilities that will remain separate property of each party
7. Joint Property: Provisions for handling jointly acquired property during the marriage
8. Division of Property on Separation: Specifies how property will be divided in the event of separation or divorce
9. Spousal Maintenance: Provisions regarding any ongoing financial support between parties post-separation
10. Dispute Resolution: Procedures for resolving any disputes arising from the agreement
11. Severability: Provisions ensuring that if any part of the agreement is invalid, the rest remains enforceable
12. Governing Law: Specifies that the agreement is governed by Australian law and the Family Law Act 1975
13. Execution: Formal signing section including declarations and witness details
1. International Assets: Required when either party has significant assets outside Australia, detailing how foreign assets will be treated
2. Business Interests: Used when either party owns a business or has significant business interests that need protection
3. Inheritance and Gifts: Specific provisions for handling inherited assets or anticipated inheritances
4. Children from Previous Relationships: Provisions to protect assets intended for children from previous relationships
5. Intellectual Property Rights: Required when either party has significant intellectual property assets
6. Superannuation: Detailed provisions for handling superannuation interests, particularly relevant for parties with substantial super balances
7. Family Gifts and Loans: Provisions dealing with gifts or loans from family members during the marriage
8. Estate Planning Provisions: Optional provisions regarding mutual obligations for estate planning
9. Sunset Clause: Optional provision for the agreement to expire or be reviewed after a certain period
1. Schedule A - Party 1 Assets and Liabilities: Detailed list of Party 1's assets, liabilities, and financial resources at the time of agreement
2. Schedule B - Party 2 Assets and Liabilities: Detailed list of Party 2's assets, liabilities, and financial resources at the time of agreement
3. Schedule C - Joint Property Schedule: List of any existing joint property and agreed arrangements for future joint property
4. Schedule D - Certificates of Independent Legal Advice: Signed certificates from legal practitioners confirming independent advice given to each party
5. Schedule E - Financial Disclosure Statements: Detailed financial disclosure statements from both parties
6. Appendix 1 - Agreed Form of Financial Records: Template for ongoing financial record-keeping if required by the agreement
7. Appendix 2 - Dispute Resolution Procedures: Detailed procedures for dispute resolution, including mediation protocols
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