FREE Australian Postnuptial Agreement

This free Post Nuptial Agreement can be used by a husband and wife to determine the distribution of assets in the event of a divorce. This type of agreement is for Australia and is entered after the couple is already married.

Disclaimer:This was not drafted by an attorney & should not be used as a legal document.



POST-NUPTIAL AGREEMENT

This Post-Nuptial Agreement is made on [Date] by and between:


Mr. [Name of husband], having his permanent place of residence at [Address], hereinafter referred as the Husband;


AND


Ms. [Name of the wife], having her permanent place of residence at [Address], hereinafter referred as the Wife.


WHEREAS:


A. This Agreement is made during marriage under Section 90C of the Family Law Act 1975.


B. This Agreement is intended to enable the parties to preserve certain assets of theirs from future claim by the other, and to limit the agreement to such property.


C. The parties married on [date] at [place].


D. The parties have no children to each other out of the present marriage.


E. The Husband is a [occupation] with a gross income of about AUS $ [specify]. The Wife is a [occupation] with a gross income of about AUS $ [specify].



F. Each party acknowledges that they are entering into this Agreement of their own free will.



G. There is no other financial agreement in force between the parties under the Family Law Act (whether made under section 90B, 90C or 90D).



Now therefore it is agreed between both the parties as follows:



1. The recitals shall form part of this agreement, and the parties warrant that they are accurate.



2. The parties agree that, except as provided for in this agreement, the Assets shall remain the property of the party who presently controls them, and that there shall be no claims by either party against the other in respect of them. In particular, the Husband will retain the Assets detailed in Annexure 1 to this Agreement and the Wife shall retain the Assets detailed in Annexure 2 to this Agreement.



3. Each party shall, at the written request of the other party, execute any authority, release, instrument and any other document, which may be necessary to give effect to the operation of this Agreement.



4. The parties agree and acknowledge that:

4.1. Before the Husband signed this Agreement, and as certified in an annexure to this Agreement, the Husband received independent legal advice from a solicitor as to:

4.1.1. the effect of this Agreement on the Husbandís rights; and

4.1.2. the advantages and disadvantages of entering into this Agreement to the Husband, at the time that the advice was provided.

4.2. Before the Wife signed this Agreement, and as certified in an annexure to this Agreement, the Wife received independent legal advice from a solicitor as to:

4.2.1. the effect of this Agreement on the Wifeís rights; and

4.2.2. the advantages and disadvantages of entering into this Agreement to the Wife, at the time that the advice was provided.



Signed and executed by:



[Husband] [Wife]

Date: Date:



Annexure 1

Assets retained by the Husband

[List]







Annexure 2

Assets retained by the Wife

[List]




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