INSTRUCTIONS FOR USE:
Seek legal advice before signing this Binding Financial Agreement.
This Financial Agreement template is not a substitute for legal advice. It is provided for information purposes only.
In order for this Financial Agreement to be legally binding, both parties need to have independent legal advice.
Under section 90G of the Family Law Act 1975 (Commonwealth) a Financial Agreement is not binding on the parties to it unless:
(a) the agreement is signed by all parties; and
(b) before signing the agreement, each spouse party was provided with independent legal advice from a legal practitioner about the effect of the agreement on the rights of that party and about the advantages and disadvantages, at the time that the advice was provided, to that party of making the agreement; and
(c) either before or after signing the agreement, each spouse party was provided with a signed statement by the legal practitioner stating that the advice referred to in paragraph (b) was provided to that party (whether or not the statement is annexed to the agreement); and
(d) a copy of the statement referred to in paragraph (c) that was provided to a spouse party is given to the other spouse party or to a legal practitioner for the other spouse party; and
(e) the agreement has not been terminated and has not been set aside by a court.
This page is provided as a guide and can be removed before signing.
BINDING FINANCIAL AGREEMENT
Made before marriage under section 90B of the Family Law Act 1975 (Commonwealth)
This Binding Financial Agreement ("Agreement") is entered into on.................................... between the following parties (who shall herein be referred to collectively the "Parties" or individually as a "Party"):
________
Address: ________
And:
________
Address: ________
(1) RECITALS
(a) This Agreement is made under the Family Law Act 1975 (Commonwealth) (the "Act").
(b) ________ was born on ________ at ________.
(c) ________ was born on ________ at ________.
(d) The Parties started their relationship on ________.
(e) The Parties live together at the following address: ________.
(f) This Agreement is made before marriage, pursuant to section 90B of the Act.
(g) The Parties are in a domestic relationship and intend to get married on ________.
(h) The Parties are both committed to pursuing a genuine domestic relationship together, and having a shared life together as a couple.
(i) Notwithstanding the foregoing, the Parties acknowledge the possibility that any relationship may break down at some time in the future.
(j) The Parties both confirm that they intend to enter this Agreement prior to their marriage, in order to provide certainty about the distribution of property and the financial arrangements between the Parties, in the event of a relationship breakdown.
(k) The Parties both confirm that it is their wish that, in the event of a relationship breakdown, any property that they own at the date of separation will be distributed in accordance with this Agreement, whether that property is owned jointly or separately, and whether it was acquired before or after the date of this Agreement.
(l) The Parties both confirm that it is their wish that, in the event of a relationship breakdown, to the maximum extent permitted by law, any laws which would otherwise govern the division or their property, including but not limited to Commonwealth and State legislation, will not apply to the Parties.
(m) The Parties acknowledge and agree that pursuant to Part VIIIA of the Act, by entering this Agreement, in the event of a relationship breakdown between the Parties, the matters of property distribution, the finances of the Parties, and any spousal maintenance, will be settled in accordance with the terms of this Agreement.
(n) The Parties intend for this Agreement to constitute a final settlement of the Parties' rights in relation to their relationship and the matters set out within this Agreement. The Parties intend that this Agreement may be incorporated into a final Court Order, unless any specific matters are amended or addressed in a subsequent agreement.
In consideration of the prospective marriage between the Parties, and the mutual promises set out in this Agreement, the Parties agree as follows:
(2) GENERAL
(a) The Parties each respectively confirm that they have made complete, honest and accurate disclosure to each other regarding their respective financial positions including their assets, liabilities, income and expenses, as set out in this Agreement.
(b) The Parties each respectively confirm that before executing this Agreement, they were given full, fair and reasonable disclosure of the property and financial position of the other Party.
(c) The Parties each respectively confirm that they are satisfied with the completeness of the disclosures made by the other Party regarding that Party's financial position including their assets, liabilities, income and expenses.
(d) The Parties each voluntarily waive any other rights to disclosure of property or financial obligations of each other beyond the disclosures provided in this Agreement.
(e) The Parties each respectively confirm that they fully understand their rights and obligations in relation to the other Party, and in relation to the other Party's assets, liabilities, income, expenses and general financial position. The Parties each respectively confirm that they do not require any further information from the other Party regarding any of the matters dealt with in this Agreement.
(f) The Parties each respectively confirm that they are entering this Agreement voluntarily.
(g) The Parties each respectively confirm that they are not under duress and have not been coerced to execute this Agreement.
(h) The Parties each respectively confirm that they have not been pressured to sign this Agreement by any other person (including but not limited to the other Party).
(i) The Parties each respectively confirm that they have been given sufficient time to review this Agreement.
(j) The Parties have each engaged their own lawyer and have received independent legal advice about their rights and obligations in relation to this Agreement and their relationship.
(k) The Parties both agree that this Agreement was not unconscionable at the time that it was executed.
(l) The Parties both agree that this Agreement will be binding on the heirs, executors, administrators and assigns of each Party respectively.
(m) The Parties both agree that this Agreement will survive the termination of marriage of the Parties, whether such termination occurs by way of divorce, death, or otherwise.
(3) CHILDREN
Neither Party has any children whether from their relationship with the other Party, from a previous relationship or otherwise.
(4) MATRIMONIAL PROPERTY DIVISION
FINANCIAL CIRCUMSTANCES
(a) For the purposes of this Agreement, the "Financial Circumstances" of a Party refers to the total direct and indirect financial circumstances of that Party, taking into account all income, assets and liabilities. This includes:
(I) All earnings that Party receives from income, salary, wages, dividends, investments or otherwise;
(II) All earnings, property and financial resources that Party receives directly, indirectly, or via another person or beneficiary;
(III) All financial resources of that Party including but not limited to superannuation, life insurance policies, any likely inheritance, and any rights under a discretionary trust;
(IV) Any property that Party has disposed of in the 12 months immediately before or after the date of separation, whether by sale, transfer, assignment, gift or otherwise;
(V) All debts of that Party, including but not limited to home loans, credit card debts, personal loans, business loans, tax liabilities, and HECS-HELP debts;
(VI) The fair market value of all assets and liabilities forming part of that Party's Financial Circumstances.
(b) ________ warrants and represents that Schedule 1 contains a complete, honest and accurate representation of ________'s Financial Circumstances at the date of this Agreement.
(c) ________ warrants and represents that Schedule 2 contains a complete, honest and accurate representation of ________'s Financial Circumstances at the date of this Agreement.
(d) The Parties warrant and represent that Schedule 3 contains a complete, honest and accurate representation of the Financial Circumstances in relation to any assets and liabilities that are held jointly between the Parties at the date of this Agreement.
PROPERTY GENERALLY
(e) The Parties both acknowledge that, in the event of a relationship breakdown or the death of one Party, any property that the Parties own at the date of the said separation or death will be distributed in accordance with this Agreement, whether that property is owned jointly or separately, and whether it was acquired before or after the date of this Agreement.
(f) The Parties both acknowledge that all jointly owned property, including any property which is set out in Schedule 3 of this Agreement, regardless of how or when it was acquired, will remain the property of both Parties and will be referred to throughout this Agreement as "Joint Property".
(g) Unless this Agreement states otherwise, and except as set out below, all property of the Parties will be treated as property which is owned solely by either one of the Parties (and will be referred to throughout this Agreement as "Separate Property"). Notwithstanding the foregoing, property will not be treated as Separate Property if it is set out in Schedule 3 of this Agreement, if there is evidence that it is owned jointly between the Parties, or if it otherwise qualifies as Joint Property.
(h) In the event that a Party mixes Joint Property and Separate Property, the mixed property will be treated as Joint Property unless a Party can prove that it is their own Separate Property.
(i) Nothing in this Agreement will prevent or invalidate any transfer of property from one Party to the other, whether by way of gift or transfer for consideration.
DEBTS
(j) The Parties both acknowledge that, in the event of a relationship breakdown or the death of one Party, any debts that the Parties may have at the date of the said separation will be handled in accordance with this Agreement, whether those debts are held jointly or separately and whether they were acquired before or after the date of this Agreement.
(k) Any jointly held debt or any debt that was otherwise acquired by the Parties together, including any debt which is set out in Schedule 3 of this Agreement, regardless of how or when it was acquired, will remain the debt of both Parties and will be referred to throughout this Agreement as a "Joint Debt".
(l) Unless this Agreement states otherwise, and except as set out below, any debt of the Parties will be treated as a debt which is owned solely by either one of the Parties (and will be referred to throughout this Agreement as a "Separate Debt"). Notwithstanding the foregoing, a debt will not be treated as a Separate Debt if it is set out in Schedule 3 of this Agreement, if there is evidence that it is held jointly between the Parties, or if it otherwise qualifies as a Joint Debt.
(m) The Parties agree that, unless otherwise explicitly stated in this Agreement, any encumbrances or indebtedness secured against, or attributable to, any item of property that either Party receives under this Agreement will be the sole responsibility of the Party receiving that property.
(n) In the event of relationship breakdown, any debt incurred by a Party after the date of separation will be the responsibility of the Party incurring that debt. In the event that the other Party is required to pay the debt, the Party incurring the debt will indemnify and keep indemnified the other Party for all costs, expenses and losses related to the debt.
(o) In the event of relationship breakdown, as of the date of separation, neither Party will incur any further debt or liability on the other Party's credit. Any debt incurred as of the date of separation will be the debt of the individual Party, regardless if the debt was incurred as a result of joint credit.
(p) In the event of relationship breakdown, as of the date of separation, the Parties must not borrow money or incur debts in the other Party's name or for which the other Party would be responsible.
(q) In the event of relationship breakdown, as of the date of separation, each Party will be responsible for any debts, loans, or liabilities in that Party's own name.
DISTRIBUTION OF ASSETS
(r) The Parties agree to the following distribution of assets:
________
(s) The Parties make no further claims to any assets in the possession of the other.
SPOUSAL MAINTENANCE
(t) The Parties agree that in the event of a relationship breakdown between the Parties, one Party may be required to pay spousal maintenance to the other Party.
(u) The Parties acknowledge and agree that whether or not spousal maintenance is payable will depend on each Party's financial circumstances at the time of any relationship breakdown between the Parties.
(v) The Parties acknowledge and agree that whether or not spousal maintenance is payable will be determined in accordance with any applicable laws at the time of any relationship breakdown between the Parties.
(w) The Parties agree that they will each cooperate in good faith with any applicable laws and determinations in relation to spousal maintenance which may be payable after any relationship breakdown between the Parties.
(5) 555855 888 555582585888 85528555588
(________) 822882582525822 252 2528888228 22 2588 825222222, 2585 25522 252 5885852 582528 25 222828222228 58 5 822582 22 252 22525 25522. 8225822 82 2588 825222222 8888 522282 522 582528 25 222828222228 2552 5 25522 252 5885852 58 5 822582 22 252 22525 25522 25 225258882 58 5 82282852282 22 252 528528228582 8228222 252 2552828.
(________) 8225822 82 2588 825222222 82282825228 5 858825 82 5 25522 22 522 82525825282 2522 252 5282882 2522 252 22525 25522 885 2552 22525 25522'8 8888.
(6) TERMINATION
(a) The Parties may only terminate this Agreement by way of a termination agreement in accordance with section 90J of the Act.
(b) The Parties acknowledge that this Agreement will continue to operate despite the death of either Party, and in such circumstances the Agreement will operate in favour of, and will be binding on, the legal personal representative of the surviving Party.
(7) GENERAL PROVISIONS
(a) This Agreement contains the entire agreement between the Parties about their relationship with each other. It replaces any earlier written or oral agreement between the Parties.
(b) The Parties will promptly sign and give to the other Party all documents necessary to give effect to the terms of this Agreement.
(c) 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 modified only to the extent required for the purposes of validity and enforcement in the jurisdiction of such holding.
(d) In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation before initiating a court action.
(e) Each Party agrees to act in good faith towards the other Party in relation to the matters addressed in this Agreement.
(f) Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but not limited to the passage of time, it is the intention of the Parties to be bound by the terms of this Agreement at all times.
(g) The headings of this Agreement are included for convenience only.
(h) This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
(i) The law of New South Wales will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.
IN WITNESS WHEREOF the Parties have duly affixed their signatures.
SIGNED by ________:
_________________________________
________
____________________
DATE
In the presence of:
_________________________________
WITNESS
_________________________________
WITNESS
SIGNED by ________:
_________________________________
________
______________
DATE
In the presence of:
_________________________________
WITNESS
_________________________________
WITNESS
SCHEDULE 1
________ Financial Assets, Income and Liabilities
The following is a complete, honest and accurate list of the financial circumstances of ________, including all assets, income and liabilities:
________
SCHEDULE 2
________ Financial Assets, Income and Liabilities
The following is a complete, honest and accurate list of the financial circumstances of ________, including all assets, income and liabilities:
________
SCHEDULE 3
Jointly Held Financial Assets, Income and Liabilities
The Parties do not have any jointly held financial assets, income or liabilities.
DECLARATION
I, ________ acknowledge, agree and declare that the following is true and correct:
DATED this ______________ day of _________________________________
SIGNED _________________________________
________
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
I, _________________________________ (solicitor name) of _________________________________ (solicitor town/city) in _________________________________ (solicitor state/territory), Solicitor, hereby certify:
I met ________, a Party to the attached Financial Agreement ("Agreement"), in my professional capacity on this day, separate and apart from ________. I acted solely for ________ and consulted them in relation to their legal rights and liabilities under the terms of the Agreement. I fully explained to ________ the nature and effect of the Agreement in relation to their rights and obligations as well as the advantages and disadvantages of entering the Agreement. ________ executed the Agreement in my presence, and acknowledged and confirmed that they were doing so of their own volition, without any fear, threats, compulsion or influence from ________ or any other person(s).
CERTIFIED in _________________________________, _________________________________ (town/city, state/territory)
DATED this ______________ day of _________________________________
SIGNED _________________________________
PRINT NAME _________________________________
DECLARATION
I, ________ acknowledge, agree and declare that the following is true and correct:
DATED this ______________ day of _________________________________
SIGNED _________________________________
________
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
I, _________________________________ (solicitor name) of _________________________________ (solicitor town/city) in _________________________________ (solicitor state/territory), Solicitor, hereby certify:
I met ________, a Party to the attached Financial Agreement ("Agreement"), in my professional capacity on this day, separate and apart from ________. I acted solely for ________ and consulted them in relation to their legal rights and liabilities under the terms of the Agreement. I fully explained to ________ the nature and effect of the Agreement in relation to their rights and obligations as well as the advantages and disadvantages of entering the Agreement. ________ executed the Agreement in my presence, and acknowledged and confirmed that they were doing so of their own volition, without any fear, threats, compulsion or influence from ________ or any other person(s).
CERTIFIED in _________________________________, _________________________________ (town/city, state/territory)
DATED this ______________ day of _________________________________
SIGNED _________________________________
PRINT NAME _________________________________
INSTRUCTIONS FOR USE:
Seek legal advice before signing this Binding Financial Agreement.
This Financial Agreement template is not a substitute for legal advice. It is provided for information purposes only.
In order for this Financial Agreement to be legally binding, both parties need to have independent legal advice.
Under section 90G of the Family Law Act 1975 (Commonwealth) a Financial Agreement is not binding on the parties to it unless:
(a) the agreement is signed by all parties; and
(b) before signing the agreement, each spouse party was provided with independent legal advice from a legal practitioner about the effect of the agreement on the rights of that party and about the advantages and disadvantages, at the time that the advice was provided, to that party of making the agreement; and
(c) either before or after signing the agreement, each spouse party was provided with a signed statement by the legal practitioner stating that the advice referred to in paragraph (b) was provided to that party (whether or not the statement is annexed to the agreement); and
(d) a copy of the statement referred to in paragraph (c) that was provided to a spouse party is given to the other spouse party or to a legal practitioner for the other spouse party; and
(e) the agreement has not been terminated and has not been set aside by a court.
This page is provided as a guide and can be removed before signing.
BINDING FINANCIAL AGREEMENT
Made before marriage under section 90B of the Family Law Act 1975 (Commonwealth)
This Binding Financial Agreement ("Agreement") is entered into on.................................... between the following parties (who shall herein be referred to collectively the "Parties" or individually as a "Party"):
________
Address: ________
And:
________
Address: ________
(1) RECITALS
(a) This Agreement is made under the Family Law Act 1975 (Commonwealth) (the "Act").
(b) ________ was born on ________ at ________.
(c) ________ was born on ________ at ________.
(d) The Parties started their relationship on ________.
(e) The Parties live together at the following address: ________.
(f) This Agreement is made before marriage, pursuant to section 90B of the Act.
(g) The Parties are in a domestic relationship and intend to get married on ________.
(h) The Parties are both committed to pursuing a genuine domestic relationship together, and having a shared life together as a couple.
(i) Notwithstanding the foregoing, the Parties acknowledge the possibility that any relationship may break down at some time in the future.
(j) The Parties both confirm that they intend to enter this Agreement prior to their marriage, in order to provide certainty about the distribution of property and the financial arrangements between the Parties, in the event of a relationship breakdown.
(k) The Parties both confirm that it is their wish that, in the event of a relationship breakdown, any property that they own at the date of separation will be distributed in accordance with this Agreement, whether that property is owned jointly or separately, and whether it was acquired before or after the date of this Agreement.
(l) The Parties both confirm that it is their wish that, in the event of a relationship breakdown, to the maximum extent permitted by law, any laws which would otherwise govern the division or their property, including but not limited to Commonwealth and State legislation, will not apply to the Parties.
(m) The Parties acknowledge and agree that pursuant to Part VIIIA of the Act, by entering this Agreement, in the event of a relationship breakdown between the Parties, the matters of property distribution, the finances of the Parties, and any spousal maintenance, will be settled in accordance with the terms of this Agreement.
(n) The Parties intend for this Agreement to constitute a final settlement of the Parties' rights in relation to their relationship and the matters set out within this Agreement. The Parties intend that this Agreement may be incorporated into a final Court Order, unless any specific matters are amended or addressed in a subsequent agreement.
In consideration of the prospective marriage between the Parties, and the mutual promises set out in this Agreement, the Parties agree as follows:
(2) GENERAL
(a) The Parties each respectively confirm that they have made complete, honest and accurate disclosure to each other regarding their respective financial positions including their assets, liabilities, income and expenses, as set out in this Agreement.
(b) The Parties each respectively confirm that before executing this Agreement, they were given full, fair and reasonable disclosure of the property and financial position of the other Party.
(c) The Parties each respectively confirm that they are satisfied with the completeness of the disclosures made by the other Party regarding that Party's financial position including their assets, liabilities, income and expenses.
(d) The Parties each voluntarily waive any other rights to disclosure of property or financial obligations of each other beyond the disclosures provided in this Agreement.
(e) The Parties each respectively confirm that they fully understand their rights and obligations in relation to the other Party, and in relation to the other Party's assets, liabilities, income, expenses and general financial position. The Parties each respectively confirm that they do not require any further information from the other Party regarding any of the matters dealt with in this Agreement.
(f) The Parties each respectively confirm that they are entering this Agreement voluntarily.
(g) The Parties each respectively confirm that they are not under duress and have not been coerced to execute this Agreement.
(h) The Parties each respectively confirm that they have not been pressured to sign this Agreement by any other person (including but not limited to the other Party).
(i) The Parties each respectively confirm that they have been given sufficient time to review this Agreement.
(j) The Parties have each engaged their own lawyer and have received independent legal advice about their rights and obligations in relation to this Agreement and their relationship.
(k) The Parties both agree that this Agreement was not unconscionable at the time that it was executed.
(l) The Parties both agree that this Agreement will be binding on the heirs, executors, administrators and assigns of each Party respectively.
(m) The Parties both agree that this Agreement will survive the termination of marriage of the Parties, whether such termination occurs by way of divorce, death, or otherwise.
(3) CHILDREN
Neither Party has any children whether from their relationship with the other Party, from a previous relationship or otherwise.
(4) MATRIMONIAL PROPERTY DIVISION
FINANCIAL CIRCUMSTANCES
(a) For the purposes of this Agreement, the "Financial Circumstances" of a Party refers to the total direct and indirect financial circumstances of that Party, taking into account all income, assets and liabilities. This includes:
(I) All earnings that Party receives from income, salary, wages, dividends, investments or otherwise;
(II) All earnings, property and financial resources that Party receives directly, indirectly, or via another person or beneficiary;
(III) All financial resources of that Party including but not limited to superannuation, life insurance policies, any likely inheritance, and any rights under a discretionary trust;
(IV) Any property that Party has disposed of in the 12 months immediately before or after the date of separation, whether by sale, transfer, assignment, gift or otherwise;
(V) All debts of that Party, including but not limited to home loans, credit card debts, personal loans, business loans, tax liabilities, and HECS-HELP debts;
(VI) The fair market value of all assets and liabilities forming part of that Party's Financial Circumstances.
(b) ________ warrants and represents that Schedule 1 contains a complete, honest and accurate representation of ________'s Financial Circumstances at the date of this Agreement.
(c) ________ warrants and represents that Schedule 2 contains a complete, honest and accurate representation of ________'s Financial Circumstances at the date of this Agreement.
(d) The Parties warrant and represent that Schedule 3 contains a complete, honest and accurate representation of the Financial Circumstances in relation to any assets and liabilities that are held jointly between the Parties at the date of this Agreement.
PROPERTY GENERALLY
(e) The Parties both acknowledge that, in the event of a relationship breakdown or the death of one Party, any property that the Parties own at the date of the said separation or death will be distributed in accordance with this Agreement, whether that property is owned jointly or separately, and whether it was acquired before or after the date of this Agreement.
(f) The Parties both acknowledge that all jointly owned property, including any property which is set out in Schedule 3 of this Agreement, regardless of how or when it was acquired, will remain the property of both Parties and will be referred to throughout this Agreement as "Joint Property".
(g) Unless this Agreement states otherwise, and except as set out below, all property of the Parties will be treated as property which is owned solely by either one of the Parties (and will be referred to throughout this Agreement as "Separate Property"). Notwithstanding the foregoing, property will not be treated as Separate Property if it is set out in Schedule 3 of this Agreement, if there is evidence that it is owned jointly between the Parties, or if it otherwise qualifies as Joint Property.
(h) In the event that a Party mixes Joint Property and Separate Property, the mixed property will be treated as Joint Property unless a Party can prove that it is their own Separate Property.
(i) Nothing in this Agreement will prevent or invalidate any transfer of property from one Party to the other, whether by way of gift or transfer for consideration.
DEBTS
(j) The Parties both acknowledge that, in the event of a relationship breakdown or the death of one Party, any debts that the Parties may have at the date of the said separation will be handled in accordance with this Agreement, whether those debts are held jointly or separately and whether they were acquired before or after the date of this Agreement.
(k) Any jointly held debt or any debt that was otherwise acquired by the Parties together, including any debt which is set out in Schedule 3 of this Agreement, regardless of how or when it was acquired, will remain the debt of both Parties and will be referred to throughout this Agreement as a "Joint Debt".
(l) Unless this Agreement states otherwise, and except as set out below, any debt of the Parties will be treated as a debt which is owned solely by either one of the Parties (and will be referred to throughout this Agreement as a "Separate Debt"). Notwithstanding the foregoing, a debt will not be treated as a Separate Debt if it is set out in Schedule 3 of this Agreement, if there is evidence that it is held jointly between the Parties, or if it otherwise qualifies as a Joint Debt.
(m) The Parties agree that, unless otherwise explicitly stated in this Agreement, any encumbrances or indebtedness secured against, or attributable to, any item of property that either Party receives under this Agreement will be the sole responsibility of the Party receiving that property.
(n) In the event of relationship breakdown, any debt incurred by a Party after the date of separation will be the responsibility of the Party incurring that debt. In the event that the other Party is required to pay the debt, the Party incurring the debt will indemnify and keep indemnified the other Party for all costs, expenses and losses related to the debt.
(o) In the event of relationship breakdown, as of the date of separation, neither Party will incur any further debt or liability on the other Party's credit. Any debt incurred as of the date of separation will be the debt of the individual Party, regardless if the debt was incurred as a result of joint credit.
(p) In the event of relationship breakdown, as of the date of separation, the Parties must not borrow money or incur debts in the other Party's name or for which the other Party would be responsible.
(q) In the event of relationship breakdown, as of the date of separation, each Party will be responsible for any debts, loans, or liabilities in that Party's own name.
DISTRIBUTION OF ASSETS
(r) The Parties agree to the following distribution of assets:
________
(s) The Parties make no further claims to any assets in the possession of the other.
SPOUSAL MAINTENANCE
(t) The Parties agree that in the event of a relationship breakdown between the Parties, one Party may be required to pay spousal maintenance to the other Party.
(u) The Parties acknowledge and agree that whether or not spousal maintenance is payable will depend on each Party's financial circumstances at the time of any relationship breakdown between the Parties.
(v) The Parties acknowledge and agree that whether or not spousal maintenance is payable will be determined in accordance with any applicable laws at the time of any relationship breakdown between the Parties.
(w) The Parties agree that they will each cooperate in good faith with any applicable laws and determinations in relation to spousal maintenance which may be payable after any relationship breakdown between the Parties.
(5) 555855 888 555582585888 85528555588
(________) 822882582525822 252 2528888228 22 2588 825222222, 2585 25522 252 5885852 582528 25 222828222228 58 5 822582 22 252 22525 25522. 8225822 82 2588 825222222 8888 522282 522 582528 25 222828222228 2552 5 25522 252 5885852 58 5 822582 22 252 22525 25522 25 225258882 58 5 82282852282 22 252 528528228582 8228222 252 2552828.
(________) 8225822 82 2588 825222222 82282825228 5 858825 82 5 25522 22 522 82525825282 2522 252 5282882 2522 252 22525 25522 885 2552 22525 25522'8 8888.
(6) TERMINATION
(a) The Parties may only terminate this Agreement by way of a termination agreement in accordance with section 90J of the Act.
(b) The Parties acknowledge that this Agreement will continue to operate despite the death of either Party, and in such circumstances the Agreement will operate in favour of, and will be binding on, the legal personal representative of the surviving Party.
(7) GENERAL PROVISIONS
(a) This Agreement contains the entire agreement between the Parties about their relationship with each other. It replaces any earlier written or oral agreement between the Parties.
(b) The Parties will promptly sign and give to the other Party all documents necessary to give effect to the terms of this Agreement.
(c) 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 modified only to the extent required for the purposes of validity and enforcement in the jurisdiction of such holding.
(d) In the event that a dispute arises regarding this Agreement, the Parties will try to resolve the matter through negotiation or mediation before initiating a court action.
(e) Each Party agrees to act in good faith towards the other Party in relation to the matters addressed in this Agreement.
(f) Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for any reason, including but not limited to the passage of time, it is the intention of the Parties to be bound by the terms of this Agreement at all times.
(g) The headings of this Agreement are included for convenience only.
(h) This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
(i) The law of New South Wales will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.
IN WITNESS WHEREOF the Parties have duly affixed their signatures.
SIGNED by ________:
_________________________________
________
____________________
DATE
In the presence of:
_________________________________
WITNESS
_________________________________
WITNESS
SIGNED by ________:
_________________________________
________
______________
DATE
In the presence of:
_________________________________
WITNESS
_________________________________
WITNESS
SCHEDULE 1
________ Financial Assets, Income and Liabilities
The following is a complete, honest and accurate list of the financial circumstances of ________, including all assets, income and liabilities:
________
SCHEDULE 2
________ Financial Assets, Income and Liabilities
The following is a complete, honest and accurate list of the financial circumstances of ________, including all assets, income and liabilities:
________
SCHEDULE 3
Jointly Held Financial Assets, Income and Liabilities
The Parties do not have any jointly held financial assets, income or liabilities.
DECLARATION
I, ________ acknowledge, agree and declare that the following is true and correct:
DATED this ______________ day of _________________________________
SIGNED _________________________________
________
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
I, _________________________________ (solicitor name) of _________________________________ (solicitor town/city) in _________________________________ (solicitor state/territory), Solicitor, hereby certify:
I met ________, a Party to the attached Financial Agreement ("Agreement"), in my professional capacity on this day, separate and apart from ________. I acted solely for ________ and consulted them in relation to their legal rights and liabilities under the terms of the Agreement. I fully explained to ________ the nature and effect of the Agreement in relation to their rights and obligations as well as the advantages and disadvantages of entering the Agreement. ________ executed the Agreement in my presence, and acknowledged and confirmed that they were doing so of their own volition, without any fear, threats, compulsion or influence from ________ or any other person(s).
CERTIFIED in _________________________________, _________________________________ (town/city, state/territory)
DATED this ______________ day of _________________________________
SIGNED _________________________________
PRINT NAME _________________________________
DECLARATION
I, ________ acknowledge, agree and declare that the following is true and correct:
DATED this ______________ day of _________________________________
SIGNED _________________________________
________
CERTIFICATE OF INDEPENDENT LEGAL ADVICE
I, _________________________________ (solicitor name) of _________________________________ (solicitor town/city) in _________________________________ (solicitor state/territory), Solicitor, hereby certify:
I met ________, a Party to the attached Financial Agreement ("Agreement"), in my professional capacity on this day, separate and apart from ________. I acted solely for ________ and consulted them in relation to their legal rights and liabilities under the terms of the Agreement. I fully explained to ________ the nature and effect of the Agreement in relation to their rights and obligations as well as the advantages and disadvantages of entering the Agreement. ________ executed the Agreement in my presence, and acknowledged and confirmed that they were doing so of their own volition, without any fear, threats, compulsion or influence from ________ or any other person(s).
CERTIFIED in _________________________________, _________________________________ (town/city, state/territory)
DATED this ______________ day of _________________________________
SIGNED _________________________________
PRINT NAME _________________________________
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