Wife has not been married before and has no children.
There are no children of the relationship.
Husband and Wife intend to marry on xx/xx/xxxx and wish this agreement to be binding whether they marry or not.
In order to arrange their property affairs and avoid litigation the parties have agreed to enter into this agreement under the provisions of section 90UC and 90B of the Family Law Act 1975 (the Act) to deal with the division of their property, and their financial resources in the event of the breakdown of their relationship, or marriage.
This agreement is intended to deal with the whole of the property and financial resources of the parties now and in the future in the event of the breakdown of their de facto relationship or marriage without resort to litigation.
The parties intend the terms of this agreement to be given effect by any court having jurisdiction to determine financial matters in issue between Husband and Wife pursuant to the Act.
No other agreement is in force under section 90B, 90C or 90D, 90UB or 90UC of the Act.
Pursuant to section 90UJ of the Act, the s90UC agreement will cease to have any force or effect in the event that the parties marry.
The s90B agreement will come into effect from the date of marriage of the parties.
This agreement will be binding upon the heirs, executors, administrators and assigns of each party.
1. Separate property
(a) As at the date hereof, the separate property of Husband is as set out in annexure A hereto which the parties have agreed the values attributed thereto.
(b) Annexure at the date hereof, the separate property of Wife is as set out in annexure B hereto which the parties have agreed the values attributed thereto.
(c) Separate property is defined as:
(i) Property set out in annexure A and B of this agreement; Property acquired solely by either party before co-habitation, during the relationship or after separation; Property acquired by gift or inheritance from a third party to one but not both of the parties;
(iv) Property acquired in exchange for any separate property or an increase in the value of any separate property;
(v) Any damages payments or potential damages payments;
(vi) All income and other gains derived from separate property for whatsoever reason; and
(vii) The increase in value of all separate property for whatsoever reason.
2. Joint property
(a) As at the date hereof there is no joint property of the parties.
(b) Joint property is all property which is not defined as separate property as per paragraph 1 herein.
Signed Wife Husband Witness Witness Page 2 of 14
3. During the de facto relationship or marriage
(a) in the course of the de facto relationship or marriage the parties shall contribute to the everyday living expenses as they agree from time to time. Any contributions to the living expenses do not result in any entitlement in the separate property of the other party.
(b) Any property acquired or borrowings undertaken by the parties shall be recorded in writing or by title documentation to be the asset or liability of one or other or both of them.
Before executing this agreement, each party has had regard to the possibility that one or both of them may be subject to a change of circumstances, including but not limited to:
(i)
Children;
(ii) illness or injury;
(iii) Unemployment;
(iv) Death;
(v)
Increases or decreases in the values attributed to the assets referred to in
either or both of the annexure hereto;
(vi) Separation;
(vii) Divorce;
(viii) Reconciliation;
and
(ix)
Bankruptcy.
Separation
Separation is taken to have occurred when the parties have been living separately for no less than three months and one party notifies the other in writing that they intend to end the de facto relationship or marriage. The parties will not be taken to have separated if they have been living separately solely due to holidays, illness or business.
Signed Husband Wife Witness Witness Page 3 of 14
5. Division of property in the event of breakdown of the relationship
It is agreed by the parties that in the event of the breakdown of the de facto relationship or marriage evidenced by separation as set out in paragraph 4 above, the property and financial resources of the parties will be divided as follows:
(a) Each party will remain individually entitled to their separate property and to their interest in joint property to the exclusion of the other and have the right inter vivos or by will to dispose of any such property as they see fit;
(b) Joint property will be divided between them in accordance with their entitlements as evidenced in writing or title documentation and in the event of failure to agree as to who is to have possession of any of the real property both parties shall take all necessary steps and execute all necessary documents to cause any such real property to be sold by private treaty at the earliest possible date at a price to be agreed on between the parties and failing such agreement to be determined by the proper officer of the Real Estate Institute or their nominee and that the proceeds of the said sale be disbursed as follows:
(i) Payment of agent's commission and advertising expenses and legal expenses of the sale;
(ii) Payment of any money due and owing to the mortgagee;
(iii) The net balance to be divided between the parties as follows:
(1) 50% to Husband; and
(2) 50% to Wife.
(c)
That in the event that the real property fails to be sold by private treaty
within a period of three months hereof, then each party take all necessary
steps and execute all necessary documents to cause the said property to be sold
by auction at the earliest possible date at a reserve to be agreed upon between
the parties and failing such agreement to be determined by the proper officer
of the Real Estate Institute or their nominee and that the proceeds of the said
sale be disbursed as follows:
Payment of agent's commission and advertising expenses and legal expenses of
the sale;
(ii)
Payment of any money due and owing to the mortgagee;
The net balance to be divided between the parties as follows:
(1) 50% to
Husband; and
(2) 50% to Wife.
Signed Husband Wife Witness Witness Page 4 of 14
(d) That until the sale of the property the parties continue to pay as they fall due all regular instalments in respect of the mortgage, council rates and water rates in respect of the property;
At any time by agreement either party may acquire the interest of the other party at a price to be agreed;
Joint personal property will be divided between them in accordance with their entitlements as evidenced in writing or title documentation and in the event of failure to agree as to who is to have possession of any property then it shall be sold by public auction at which either party may bid and the net proceeds divided between them in accordance with their entitlements; and
In relation to furniture which is jointly owned but agreement cannot be reached as to which pieces are to be retained by which party then the older of the parties shall prepare two lists of such furniture and the other party shall choose one of them with the other having the furniture on the list not chosen.
6. Independent legal advice
That the parties each state and warrant to the other party that as recorded in this agreement and as certified in an annexure to this agreement that before this agreement was signed by him or her, he or she was provided with independent legal advice from a legal practitioner on the following matters:
(a) The effect of the agreement on the rights of that party; and
(b) The advantages and disadvantages, at the time that the advice was provided, to the party of making the agreement.
7. Taxes
The parties agree that they will sign all documents and do all things including the making of consent orders to ensure that the burden of any stamp duty or taxes is minimised and roll over relief when applicable obtained.
8. Claims for provision out of the estate of a deceased party
This clause is severable from the rest of this agreement:
(a) Subject to the approval of the Supreme Court of Queensland pursuant to the legislation relating to the release of rights to apply for a provision order, the husband and the wife each releases his or her rights to make an application in relation to the estate of the other pursuant to such legislation;
Signed Wife Husband Witness Witness Page 5 of 14
(b) The husband and the wife each gives that release in consideration of the other terms of this agreement;
The husband and the wife acknowledge that it is to his and her advantage in the light of the terms of this agreement to grant the release;
The husband and the wife acknowledge the terms of this agreement and that they have taken into account the position of the other in the event of the death of the other;
The husband and the wife accept that for the purposes of the Act the provisions of this agreement including this release are fair and reasonable;
At any time after the execution of this agreement the husband or the wife or their legal representative may request the other party or their legal representative to join in an application to the Supreme Court, at the cost of the one requesting, for the approval of this agreement to relinquish all claims under the Act. If such a request is made, the other covenants to comply with such request and to do all things reasonably necessary to obtain the approval.
9. Notices
A notice or other communication to a party must be in writing and delivered to that party or that party's practitioner in one of the following ways:
(a)
Delivered personally; or
(b)
Posted to their address when it will be treated as having been received on the
second business day after posting; or
(c)
Faxed to their facsimile number when it will be treated as received when it is
transmitted; or
(d)
Sent by email to their email address, when it will be treated as received when
it enters the recipient's information system.
10. Governing law and jurisdiction
This agreement is governed by the laws of the Commonwealth of Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of the Commonwealth submits to the laws of the Commonwealth
Signed Husband Wife Witness Witness Page 6 of 14
11. Further assurance
Each party will from time to time do all things, including executing all documents, necessary or desirable to give full effect to this agreement.
Signed Wife Husband Witness Witness Page 7 of 14
Execution page
EXECUTED AS AN AGREEMENT SIGNED BY Husband in the presence of: Signature Signature of witness
SIGNED BY Wife in the presence of: Signature of witness A SOLICITOR Print name of witness Page 8 of 14
ANNEXURE A
Separate property of Husband
Assets of Husband
1. Land and buildings known as xxxxxx and
all goods and chattels therein
2. Ford Fiasco
3. Holden Letgo
4. Tools of
trade and equipment for mechanical electrical plumbing work, including
amalgamation and conglomeration equipment
5. Business known as Amalgamated Conglomerates including work in progress,
materials,
consumables, stock, amalgamated conglomerations and other assets ( "the
business")
6. Intellectual property, trademarks, designs, copyright in respect
of the business
and of Husband in existence at the date of this agreement
7. Private Pension
8.
Private superannuation
9. Any other assets in existence at the date of this
agreement
Liabilities of Husband
1. Nil
Signed Husband Wife Witness Witness Page 9 of 14
ANNEXURE B
Separate property of Wife
Assets of Wife
1. Tesla
2. Pension and insurance policies
3. Any other
assets in existence at the date of this agreement
Liabilities of Wife
1. Personal loan for Tesla
Signed Wife Husband Witness Witness Page 10 of 14
Statement under sections 900J(1) and 90G and of the Family Law Act 1975 I LGS of S Law, Address, and being independently instructed by Husband certify the following:
1. This statement is an annexure to the financial agreement made pursuant to sections 90UC and 90B into between Husband and Wife .
I provided my client with independent legal advice prior to entering into this agreement as to the following matters:
(a)
The effect of this agreement on their rights; and
(b)
The advantages and disadvantages, at the time that the advice was provided, to
my client of making this agreement.
Dated: xx/xx/xxxx Solicitor
Page 11 of 14
Statement under sections 90UJ(1) and 90G of the Family Law Act 1975 1 CG solicitor of CL, Address, and being independently instructed by Wife certify the following:
1. This statement is an annexure to the financial agreement made pursuant to sections 90UC and 90B into between Husband and Wife. I provided my client with independent legal advice prior to entering into this agreement as to the following matters:
(a)
The effect of this agreement on their rights; and
(b)
The advantages and disadvantages, at the time that the advice was provided, to
my client of making this agreement.
Dated:
2/2019
Solicitor
CAG
A SOLICITOR
Page 12 of 14
Separation declaration pursuant to section 90UF Family Law Act 1975 I Husband acknowledge and declare that:
1. Wife and I lived in a de facto relationship from
Wife and I have separated and are living separately 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 day of Signed Husband Page 13 of 14
Separation declaration pursuant to section 90DA Family Law Act 1975
I Husband acknowledge and declare that:
1. Wife and I are married;
2. Wife and I have separated and are living separately 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 day of Signed Husband Page 14 of 14
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