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Separation Agreement

Governing Law

Select the State
Your will be governed by the laws of the selected jurisdiction. Also, it will be tailored to meet the specific laws and regulations of this jurisdiction.
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.

Relationship Information

Click here for more information on De Facto / Common LawRelationships.
 
Marriage Details:



Frequently Asked Questions

What is a De Facto Relationship?De Facto Relationship deals with same-sex and/or common law relationships.

Parties

Husband
Select the State
Wife
Select the State
Frequently Asked Questions

Will my information be kept confidential?All information entered on the LegalContracts website is kept strictly confidential. However, if you are reluctant to fill in information of a private nature then leave those fields blank and write in the information in the space provided on your final printout.

Income

For full and complete disclosure, indicate all income sources, even if the actual income this year was zero or negative.

Income Information of husband.

Employment Income
$
Total annual employment income for husband.

Non-employment Income
$
Estimate the annual amount you reasonably expect to earn from non-employment sources.
Total annual income from all other sources for husband.
(e.g. stocks, bonds, businesses, rental property, etc.)

Income Information of wife.

Employment Income
$
Total annual employment income for wife.

Non-employment Income
$
Estimate the annual amount you reasonably expect to earn from non-employment sources.
Total annual income from all other sources for wife.
(e.g. stocks, bonds, businesses, rental property, etc.)

Children

Frequently Asked Questions

What about Children from other relationships?Children from other relationships that one of the parties are financially responsible for are also considered when dealing with children of this relationship.

Dependent Children and Maintenance

NOTE: Children may continue to be 'dependent children' and receive child support even if the child is over the age of majority, for example, in circumstances where the person is unmarried and financially dependent on the parents due to attending post-secondary education, illness or disability.
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Child's Information

(e.g. John George Smith)

Husband
Husband

Co-Parenting Plan

Describe the Parenting Plan the parties will follow, including any specific schedule for holidays.
Click here for an example of a Parenting Plan
 

Child Support

$
(e.g. $1,250.00)
Yearly amount = $0.00

Frequently Asked Questions

Who pays for child support?Child Support is paid by the parent with whom the children do not have primary residency.What is the purpose of child support?The purpose of Child Support is to provide for the well being of child, and comes with a number of unique Child Support Terms which may assist you in completing this form.How is child support calculated?In Australia 'Child Support' is calculated using a Basic Child Support Formula and must be followed for any legal proceedings. The Australian Government has an On-line Child Support Estimator that you can use to calculate an estimate of your child support and family assistance amounts.

Example of a Child Support AssessmentA good example of a Child Support Assessment can be viewed here. The estimator uses the most current rates to give you an indication of your payments.

Additional Child Care Costs

On Request
$
%
(Example: sports, dance lessons, summer camp, special transportation, etc.)

Frequently Asked Questions

What are additional child care costs?Additional Child Care Costs are monies paid in addition to the base amount of Child Support, and are paid either 'monthly' or 'periodically on an as needed basis' for any children. The amount to be paid is usually calculated as a percentage of the total amount required.

Post Secondary Education

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Typically child support continues until a child has completed their first post-secondary degree. Whether or not a child currently plans to go to college, the parties should agree upon the age where they expect child support payments will end.

Health Insurance

Husband

Spousal Maintenance

No alimony now or during the separation

Property Distribution


Property Items to be kept by Husband. 

List all the real or personal property items the Husband will receive. (Do not include the matrimonial home).
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Property Items to be kept by Wife.

List all the real or personal property items the Wife will receive. (Do not include the matrimonial home).
0

Common Property

List all the real or personal property items to be sold for cash and divided between the Parties.
(Do not include the marital home).
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Frequently Asked Questions

How should the property be divided?There is no set formula for division of property. You should consider the contributions of each party to the family finances, the length of the marriage, and the future earning capacity of each party.What is Property?Property includes cash, bank accounts, stocks, bonds, mutual funds, pensions, retirement plans, furniture, cars, trucks, motorhomes, boats, trailers, jewelry and collections. Property for distribution also includes any real property (condos, rental properties, etc.) other than the Matrimonial Home.

Pensions - Pensions can be divided up either as a buyout at present value or as a percentage of future payments. A buyout will require a current valuation which may take some time to complete. You should clearly describe how you wish the pension to be divided.

Inheritance or gift - Property that one spouse receives through an inheritance or gift is not normally considered marital property however it should be listed here for the purpose of full disclosure.

Matrimonial Home

Renting
Frequently Asked Questions

What is a Matrimonial Home?The family law term "matrimonial home' generally denotes the residence lived in during the relationship by the parties and any of their children. Once a property is deemed to be a 'Matrimonial Home', both parties acquire rights in the property even if one does not have ownership.

Division of Debts

Do NOT include debts related to the marital home.

Husband

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Wife

0

Additional Clauses

Click here for tips on drafting your additional clauses.
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Signing Details

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