[{"id":"c879cadc-bae9-4d42-8354-ad6e5479da6a","order":1,"text":"BINDING FINANCIAL AGREEMENT","fontSize":"20","textAlign":"center","bold":true,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"c1dfae86-fd6b-4adf-9aa7-c1eb6a5f4e67","order":2,"text":"Made under section 90B of the Family Law Act 1975 (Cth)","fontSize":"14","textAlign":"center","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"add","operator":"="}]},{"id":"3d791469-e7ce-47ef-9159-1102432ede72","order":3,"text":"Made under section 90UB of the Family Law Act 1975 (Cth)","fontSize":"14","textAlign":"center","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"add","operator":"="}]},{"id":"ac6c04f0-aaa2-450e-8142-aa8703b72077","order":4,"text":"(Financial agreement made before marriage — commonly known as a pre-nuptial agreement)","fontSize":"14","textAlign":"center","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"add","operator":"="}]},{"id":"ce923655-3285-483e-9131-09020f1514f8","order":5,"text":"(Financial agreement made before a de facto relationship — commonly known as a cohabitation agreement)","fontSize":"14","textAlign":"center","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"add","operator":"="}]},{"id":"3809c885-d536-44ee-b039-d9855e46fa1a","order":6,"text":"THIS AGREEMENT is made on the date set out in the execution page","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e9133837-ee93-48c9-a105-d6cab0e508a5","order":7,"text":"BETWEEN:","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"680ff71e-f1cb-495d-8c5d-4cd099b2d81d","order":8,"text":"Mr [First party full name], born on [Date of birth] at [Place of birth], of [Residential address] (in this Agreement called the "First Party")","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9d0c367b-33ee-4af9-8008-804a21c19959","order":9,"text":"AND:","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"d4fc24b0-3812-4ae2-85ac-5829c62ca897","order":10,"text":"Ms [Second party full name], born on [Date of birth] at [Place of birth], of [Residential address] (in this Agreement called the "Second Party")","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"765fe998-6a7d-440e-9224-9e4ffdde5156","order":11,"text":"(the First Party and the Second Party are together called the "Parties" and each a "Party").","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"fc1c31e6-5a1a-435b-974d-01b00a9cee0d","order":12,"text":"RECITALS","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2ce2396a-4c8e-461b-8cf2-b11816664db5","order":13,"text":"A. The Parties are contemplating entering into a marriage with one another and intend to marry.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"add","operator":"="}]},{"id":"f924e63b-63c2-4448-b5a1-4a075dbede3f","order":14,"text":"A. The Parties are contemplating entering into a de facto relationship with one another within the meaning of section 4AA of the Family Law Act 1975 (Cth) and intend to live together on a genuine domestic basis.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"add","operator":"="}]},{"id":"4adfea92-14e9-4554-b9c0-5f34ad8f1874","order":15,"text":"B. The Parties wish to make a binding financial agreement under section 90B of the Family Law Act 1975 (Cth) to provide for how, in the event of the breakdown of their marriage, all or any of their property or financial resources will be dealt with, and to deal with any other incidental matters.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"add","operator":"="}]},{"id":"33ab3cba-f476-4540-b205-0565ff03f413","order":16,"text":"B. The Parties wish to make a binding financial agreement under section 90UB of the Family Law Act 1975 (Cth) to provide for how, in the event of the breakdown of their de facto relationship, all or any of their property or financial resources will be dealt with, and to deal with any other incidental matters.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"add","operator":"="}]},{"id":"052dfc10-065f-4005-a5bc-222d02bbab87","order":17,"text":"C. Each Party has substantial and separate property, financial resources and expectations, and each wishes to protect and preserve their respective separate property from any adjustment under the Family Law Act 1975 (Cth) upon the breakdown of the relationship.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"815e557f-54c5-42a4-8bb4-ffc4cbde2bbd","order":18,"text":"D. Each Party has made full and frank disclosure to the other of their respective financial circumstances, including the assets, liabilities, income and financial resources set out in the Schedules to this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2484f5d6-fcfd-4162-bded-0b02c3f2050d","order":19,"text":"E. Before signing this Agreement, each Party has received independent legal advice from an Australian legal practitioner about the effect of this Agreement on the rights of that Party and about the advantages and disadvantages, at the time the advice was provided, to that Party of making this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"dde9b0f6-71ae-4041-ba78-37994a3a583b","order":20,"text":"F. Each Party enters into this Agreement freely and voluntarily, without any duress, coercion, undue influence or unconscionable conduct, and not as a result of any fraud or material non-disclosure by the other Party.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"983d26c6-b658-4eb9-af2f-74599f8b195a","order":21,"text":"THE PARTIES AGREE AS FOLLOWS:","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"497b0957-bb86-49e8-b18c-1ecc1d751af5","order":22,"text":"1. DEFINITIONS AND INTERPRETATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S01"},{"id":"8841af08-27b9-4879-b77b-c12afd9a9bd7","order":23,"text":"In this Agreement, unless the context otherwise requires, the following definitions apply. "Act" means the Family Law Act 1975 (Cth). "Schedule" means a schedule annexed to this Agreement. "Separate Property" has the meaning given in the Article entitled "Separate Property". "Commencement Date" means the date on which the Relationship commences. "Business Day" means a day that is not a Saturday, Sunday or public holiday in the place concerned. "GST" has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9230aefd-b06d-404b-8db4-a6496c753a1e","order":24,"text":""Relationship" means the marriage between the Parties, and "Breakdown" means the separation of the Parties, the breakdown of the marriage, or the dissolution of the marriage by divorce.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"add","operator":"="}]},{"id":"8eb9aa57-2719-4693-8655-edafd9e774a4","order":25,"text":""Relationship" means the de facto relationship between the Parties within the meaning of section 4AA of the Act, and "Breakdown" means the separation of the Parties or the breakdown of the de facto relationship.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"add","operator":"="}]},{"id":"99ba259f-1d0a-4cef-8a23-8f35712a1429","order":26,"text":"In the interpretation of this Agreement: headings are for convenience only and do not affect interpretation; the singular includes the plural and vice versa; a reference to a person includes a body corporate; a reference to a statute includes any amendment, re-enactment or replacement of it and any regulations made under it; a reference to writing includes any means of reproducing words in a visible form; a reference to money is a reference to Australian dollars unless otherwise stated; and a reference to an Article by name is a reference to the Article of this Agreement bearing that heading, notwithstanding any change in its number.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a6ae61ad-c004-4d51-9057-b5b199ac6a4e","order":27,"text":"No rule of construction applies to the disadvantage of a Party on the basis that the Party prepared or put forward this Agreement or any provision of it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"98482f4a-bdfd-4549-84a7-12e2439f7c50","order":28,"text":"2. PURPOSE AND INTENTION OF THE PARTIES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S02"},{"id":"333a88f0-d61c-424b-9eb4-c499dbd652f3","order":29,"text":"The Parties intend that this Agreement will operate to the exclusion of the discretionary powers of a court to make orders altering the property interests of the Parties, and that upon a Breakdown their property, financial resources and liabilities will be dealt with in accordance with this Agreement and not otherwise.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4ba7117a-ac46-49fb-8f59-863fdd5d0950","order":30,"text":"The Parties intend that, upon the making of this Agreement in accordance with section 90G of the Act, the operation of Part VIII of the Act (financial matters relating to marriage) is excluded in respect of the matters dealt with in this Agreement, and that neither Party may apply to a court for an order under section 79 of the Act for a property settlement, except to the extent this Agreement provides.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"add","operator":"="}]},{"id":"2474c2ba-5f2d-46b0-98d3-0f9c2642fa05","order":31,"text":"The Parties intend that, upon the making of this Agreement in accordance with section 90UJ of the Act, the operation of Part VIIIAB of the Act (financial matters relating to de facto relationships) is excluded in respect of the matters dealt with in this Agreement, and that neither Party may apply to a court for an order under section 90SM of the Act for a property adjustment, except to the extent this Agreement provides.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"add","operator":"="}]},{"id":"d68074b3-bc50-4903-90f4-1ab5f60c7bf5","order":32,"text":"The Parties acknowledge that they are entering into this Agreement to achieve certainty, to avoid the cost, delay and uncertainty of litigation, and to preserve for each Party the Separate Property brought by that Party into the Relationship and the character of that property over time.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c9af213c-ce0e-4ecb-9723-37ef70fb5500","order":33,"text":"3. STATUTORY BASIS OF THIS AGREEMENT","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S03"},{"id":"4de2ced7-c6af-41ea-997b-18ed43161124","order":34,"text":"This Agreement is a financial agreement made under section 90B of the Act, being an agreement made in contemplation of marriage between the Parties. It deals with how, in the event of the Breakdown of the marriage, all or any of the property or financial resources of either or both Parties at the time the Agreement is made, or at a later time and before the Breakdown, is to be dealt with, and with any other incidental or ancillary matters.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"add","operator":"="}]},{"id":"39885209-0064-4a08-9fe9-bfbd5523471e","order":35,"text":"This Agreement is a financial agreement made under section 90UB of the Act, being an agreement made in contemplation of a de facto relationship between the Parties. It deals with how, in the event of the Breakdown of the de facto relationship, all or any of the property or financial resources of either or both Parties at the time the Agreement is made, or at a later time and before the Breakdown, is to be dealt with, and with any other incidental or ancillary matters.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"add","operator":"="}]},{"id":"aa787d61-bf70-443d-a707-aa850dfdedf5","order":36,"text":"This Agreement will be of no force or effect until the Parties marry. If the Parties do not marry, this Agreement is void and of no effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"add","operator":"="}]},{"id":"8fbefec7-7bb9-4701-8bd2-6f57f3158438","order":37,"text":"This Agreement is made in contemplation of the de facto relationship described in the Recitals and applies in respect of that relationship. If the Parties do not enter into that de facto relationship, this Agreement is void and of no effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"add","operator":"="}]},{"id":"16fa9000-0019-4616-9467-3bc7f5ec9e89","order":38,"text":"The Parties acknowledge that, while a section 90B agreement is in force, a Party is not entitled to make an application under Part VIII of the Act in relation to the matters dealt with in this Agreement, subject to the powers of a court to set aside a financial agreement under section 90K of the Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"add","operator":"="}]},{"id":"bcb14e97-462f-49e1-8ebf-a54e9e3ef1c6","order":39,"text":"The Parties acknowledge that, while a section 90UB agreement is in force, a Party is not entitled to make an application under Part VIIIAB of the Act in relation to the matters dealt with in this Agreement, subject to the powers of a court to set aside a financial agreement under section 90UM of the Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"add","operator":"="}]},{"id":"5d92925f-cdb3-423a-8b60-7fda9a9d034a","order":40,"text":"4. FULL AND FRANK DISCLOSURE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S04"},{"id":"ebddac15-0592-4d0c-b757-632e2ba88375","order":41,"text":"Each Party warrants to the other that they have made full and frank disclosure of their financial circumstances, including all significant assets, liabilities, financial resources, superannuation entitlements and income, as set out in Schedule 1 (financial position of the First Party) and Schedule 2 (financial position of the Second Party).","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"264e093d-28fc-4fc4-9d85-7bb116dda38b","order":42,"text":"Each Party acknowledges that they have had the opportunity to make such enquiries and obtain such valuations and financial advice as they consider appropriate, that they have been given a reasonable opportunity to verify the disclosure made by the other Party, and that they are satisfied with the disclosure so made.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f8c2c360-35af-489a-a210-f5a815521299","order":43,"text":"Each Party acknowledges that a material failure to disclose a significant matter may be a ground on which a court could set aside this Agreement under the Act, and each warrants that no such material matter has been withheld.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6bc0decb-5727-4c71-b422-4ab2700ae8bb","order":44,"text":"Each Party acknowledges that the precise value of the other Party's assets and financial resources may fluctuate, and agrees that this Agreement is not liable to be set aside merely because the value of any asset or financial resource differs from any estimate disclosed, provided that the disclosure was made honestly and in good faith.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"37824ce4-da57-45d3-ae48-4894f74d9c1a","order":45,"text":"5. SEPARATE PROPERTY","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S05"},{"id":"22848b6f-9f5e-4cd5-a97c-d2dfd68cb261","order":46,"text":""Separate Property" of a Party means: (a) all property, financial resources and liabilities owned or held by that Party as at the Commencement Date, as described in that Party's Schedule; (b) all property acquired by that Party after the Commencement Date by gift, inheritance, bequest or devise; (c) all property acquired by that Party in substitution for, or with the proceeds of, any Separate Property; and (d) all income, rents, profits, dividends, distributions and capital gains derived from any Separate Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"018507c5-67cd-4c85-b97b-d50da9aedc11","order":47,"text":"The Separate Property of each Party shall remain the sole and exclusive property of that Party. Upon a Breakdown, each Party shall retain their Separate Property absolutely, and the other Party releases and relinquishes any claim, interest or entitlement in or to that Separate Property, whether under the Act or otherwise.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ae367110-2218-4068-950d-dc44e9e0c0b4","order":48,"text":"The First Party's principal Separate Property as at the date of this Agreement is [Description of the First Party's principal separate property], approximately valued at AUD [Approximate value].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ff84e215-a6e9-4ec8-aba9-66731d7b5714","order":49,"text":"The Second Party's principal Separate Property as at the date of this Agreement is [Description of the Second Party's principal separate property], approximately valued at AUD [Approximate value].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"404c1064-6244-4536-8674-beb3fcf33301","order":50,"text":"Each Party shall be entitled to deal with, manage, encumber, sell or otherwise dispose of their Separate Property during the Relationship without the consent of the other Party, and the increase or decrease in the value of Separate Property shall accrue to or be borne by the Party owning it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"423cf4c2-91e3-4e41-97a7-d0d1a35eed6e","order":51,"text":"The character of property as Separate Property is not altered by reason only of: the Parties cohabiting; the duration of the Relationship; any indirect or non-financial contribution made by the other Party; or the registration of an asset in joint names for convenience, unless the Parties expressly agree in writing that the property is to become Joint Property.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8901fcec-4481-4eed-ba8a-7afd355f0b1d","order":52,"text":"6. PROPERTY ACQUIRED DURING THE RELATIONSHIP","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S06"},{"id":"c3efec05-61ed-4f2f-8bd4-b427c7f68d6f","order":53,"text":"Property acquired jointly by the Parties during the Relationship in their joint names ("Joint Property") shall, upon a Breakdown, be divided between the Parties in proportion to their respective financial contributions to its acquisition, improvement and maintenance or, where those contributions cannot be established, equally.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"25c589c1-7064-45bb-9acc-594e5f62f6ed","order":54,"text":"Property acquired by a Party in that Party's sole name during the Relationship, otherwise than from Separate Property, shall be the property of that Party, subject to any express written agreement between the Parties to the contrary.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2bf9b7c8-ca10-4f02-bcee-50f3437971b4","order":55,"text":"The Parties may from time to time acquire a jointly owned residence. Any such residence, and the manner of its division upon a Breakdown, shall be dealt with by a separate written agreement or a variation of this Agreement made in accordance with the Act. In the absence of such agreement, Joint Property is divided in the manner described at the beginning of this Article.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b5d57d1f-7371-4fda-9920-fd9faa25ecb4","order":56,"text":"7. GIFTS, CONTRIBUTIONS AND LOANS BETWEEN THE PARTIES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S07"},{"id":"ea33b2ea-a454-4ba1-8215-5e5bf3657c22","order":57,"text":"A gift made by one Party to the other during the Relationship becomes the Separate Property of the recipient, unless the Parties agree otherwise in writing at the time of the gift.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"9c44d0a9-4219-4994-85b2-6396bac8d6e6","order":58,"text":"Where one Party contributes money or money's worth towards the Separate Property of the other (for example, towards the improvement of a residence owned by the other Party), that contribution does not give the contributing Party any interest in that Separate Property, and upon a Breakdown the contributing Party is not entitled to any adjustment in respect of it, unless the Parties record the contribution as a loan or as a beneficial interest in writing at the time.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7e7d865b-f622-4021-8b78-de5b900f5781","order":59,"text":"Any loan made by one Party to the other during the Relationship, and any advance made by a third party (including a Party's family) to or for the benefit of a Party, remains repayable in accordance with its terms and is a liability of the borrowing Party, and each Party indemnifies the other against any such liability that is not a joint liability.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"82a02239-1543-498d-9dba-25201abf2b06","order":60,"text":"8. FINANCIAL RESOURCES, LIABILITIES AND DEBTS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S08"},{"id":"70ca3ab2-5c74-46b7-bb7c-230bb07d64f0","order":61,"text":"Each Party shall be solely responsible for the liabilities and debts incurred by that Party before the Commencement Date, and for liabilities and debts incurred by that Party in that Party's sole name during the Relationship, and shall indemnify the other Party against any claim in respect of such liabilities and debts.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c8011a8c-5f11-4162-ac3d-f8f196c7420e","order":62,"text":"Liabilities incurred jointly by the Parties during the Relationship shall, upon a Breakdown, be borne by the Parties in the same proportions as the Joint Property is divided under the Article entitled "Property Acquired During the Relationship".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"3eca5d67-a347-4d92-b7e5-d42be6a14b98","order":63,"text":"Neither Party shall, without the prior written consent of the other, pledge the credit of the other Party or incur any liability for which the other Party may become liable.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"da39fa68-c539-4ac5-b269-14a4b6133928","order":64,"text":"9. SUPERANNUATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S09"},{"id":"e90389f0-af86-4691-814e-c169a54ba90a","order":65,"text":"Each Party's superannuation interests, whether accrued before or during the Relationship, shall be the Separate Property of that Party and shall not be subject to any splitting order upon a Breakdown, except as expressly provided in this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b04f91df-3b3e-417d-91a6-b3be325c7a90","order":66,"text":"Each Party releases the other from any claim to a superannuation splitting order under Part VIIIB of the Act in respect of the superannuation interests of the other Party, and this Agreement operates as a superannuation agreement to that extent. This provision has effect in accordance with, and subject to, the requirements of Part VIIIB of the Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8168f123-67f3-497b-9e17-80b15bdda202","order":67,"text":"10. SPOUSAL MAINTENANCE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","displayConditions":[{"field":"379e6427-c7c6-4aba-8e69-d849bc8cace7","value":"1","type":"add","operator":"="}],"sectionNum":"S10"},{"id":"3164cdae-5142-4886-8456-591c43353fdc","order":68,"text":"Subject to section 90F of the Act, each Party releases and discharges the other from any liability to provide spousal maintenance under Part VIII of the Act upon and after a Breakdown, and each Party agrees not to seek any order for spousal maintenance against the other.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"379e6427-c7c6-4aba-8e69-d849bc8cace7","value":"1","type":"add","operator":"="},{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"remove","operator":"="}]},{"id":"0aa224ad-62c5-4f3f-888c-e230fcdfba6d","order":69,"text":"Subject to section 90UI of the Act, each Party releases and discharges the other from any liability to provide maintenance under Part VIIIAB of the Act upon and after a Breakdown, and each Party agrees not to seek any order for maintenance against the other.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"379e6427-c7c6-4aba-8e69-d849bc8cace7","value":"1","type":"add","operator":"="},{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"remove","operator":"="}]},{"id":"15eb32dc-1127-4ece-8e42-6519675d1008","order":70,"text":"The Parties acknowledge that, under section 90F of the Act, a provision of a financial agreement that excludes or limits the power of a court to make an order for the maintenance of a Party is of no effect if, when the agreement came into effect, that Party was unable to support themselves without an income-tested pension, allowance or benefit. Each Party warrants that, as at the date of this Agreement, that Party is able to support themselves without such assistance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"379e6427-c7c6-4aba-8e69-d849bc8cace7","value":"1","type":"add","operator":"="},{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"remove","operator":"="}]},{"id":"dc2c6dda-b6f0-4830-8b01-5ede1943b0f8","order":71,"text":"The Parties acknowledge that, under section 90UI of the Act, a provision of a financial agreement that excludes or limits the power of a court to make an order for maintenance of a Party is of no effect if, when the agreement came into effect, that Party was unable to support themselves without an income-tested pension, allowance or benefit. Each Party warrants that, as at the date of this Agreement, that Party is able to support themselves without such assistance.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"379e6427-c7c6-4aba-8e69-d849bc8cace7","value":"1","type":"add","operator":"="},{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"remove","operator":"="}]},{"id":"2700231f-3be3-4811-8df4-22a148db617d","order":72,"text":"11. SEPARATION DECLARATION","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S11"},{"id":"74e29ecb-0b2b-4444-9f62-3066aa9572a4","order":73,"text":"The Parties acknowledge that, under section 90DA of the Act, those provisions of this Agreement that deal with how, in the event of the Breakdown of the marriage, all or any of the property or financial resources of either or both Parties are to be dealt with, are of no force or effect until a separation declaration that complies with section 90DA of the Act is made.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"add","operator":"="}]},{"id":"3bb0108e-4f0c-4e50-808d-4ea2d5245670","order":74,"text":"The Parties acknowledge that, under section 90UF of the Act, those provisions of this Agreement that deal with how, in the event of the Breakdown of the de facto relationship, all or any of the property or financial resources of either or both Parties are to be dealt with, are of no force or effect until a separation declaration that complies with section 90UF of the Act is made.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"add","operator":"="}]},{"id":"15ec5130-328d-430a-868e-650b0ea0745c","order":75,"text":"Upon a Breakdown, each Party must, promptly upon request by the other, sign a separation declaration in the form required by the Act, and do all things reasonably necessary to enable the property provisions of this Agreement to take effect.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c30f0db1-50a9-4ec7-b2c4-c6ef9f7ad01a","order":76,"text":"Until a separation declaration is made, this Agreement remains of force and effect in relation to the other matters it deals with, to the extent permitted by the Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"2e9785f2-3c0a-4c54-ae5c-0eea63efb3c5","order":77,"text":"12. PROVISION ON DEATH","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S12"},{"id":"bdbb6991-0b61-4e3a-b6e1-81d44440879f","order":78,"text":"This Agreement deals only with the property and financial matters of the Parties upon a Breakdown of the Relationship, and does not deal with, and shall not affect, the devolution of a Party's estate on death, which shall be governed by that Party's will and the applicable succession law.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0fc57e3c-4d42-44cb-8bd9-8766e7fd16e2","order":79,"text":"Nothing in this Agreement prevents either Party from making testamentary provision in favour of the other. The Parties acknowledge that this Agreement does not, of itself, exclude any entitlement that a Party may have as a beneficiary under a will or under the intestacy or family provision laws of the relevant State or Territory.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"4d42cb6c-b96a-4b43-8774-7d54f282bbb3","order":80,"text":"13. INDEPENDENT LEGAL ADVICE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S13"},{"id":"b279d52f-0d1a-4015-861a-7751a0205426","order":81,"text":"Each Party acknowledges that, before signing this Agreement, that Party was provided with independent legal advice from an Australian legal practitioner about the effect of this Agreement on the rights of that Party and about the advantages and disadvantages, at the time the advice was provided, to that Party of making this Agreement, as required by section 90G of the Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"add","operator":"="}]},{"id":"2efd1edb-2916-4382-a580-6cfdc6414db8","order":82,"text":"Each Party acknowledges that, before signing this Agreement, that Party was provided with independent legal advice from an Australian legal practitioner about the effect of this Agreement on the rights of that Party and about the advantages and disadvantages, at the time the advice was provided, to that Party of making this Agreement, as required by section 90UJ of the Act.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"add","operator":"="}]},{"id":"fb6790f5-383f-479a-bf72-c062775c18e6","order":83,"text":"A signed statement of independent legal advice from each Party's legal practitioner is annexed to this Agreement, and a copy of each such statement has been provided to the other Party or to the legal practitioner for the other Party.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"67361ce2-1add-427f-99f2-d70b9e19b55b","order":84,"text":"The legal practitioner who advised the First Party is [Name of the First Party's legal practitioner or firm]. The legal practitioner who advised the Second Party is [Name of the Second Party's legal practitioner or firm].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"eb3114bf-7ea8-4de9-9d2b-83422de74245","order":85,"text":"Each Party acknowledges that they were advised of, and understand, the advantages and disadvantages of making this Agreement, and that they had a reasonable opportunity to consider that advice before signing.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a4118a33-0ece-4c44-8b21-e2a3a808fbb4","order":86,"text":"14. FREE WILL, ABSENCE OF PRESSURE AND ACKNOWLEDGEMENTS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S14"},{"id":"fdc92a3a-18bc-4eee-8bc6-dffa9e28c405","order":87,"text":"Each Party enters into this Agreement freely and voluntarily, of that Party's own free will, and not as a result of any duress, coercion, undue influence, unconscionable conduct, fraud or material non-disclosure by the other Party or any other person.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"6ffa7f00-6f79-4a87-bbe2-05e348e4f1b7","order":88,"text":"Each Party acknowledges that: this Agreement was not presented on the basis that it was not open to negotiation; each Party had a reasonable and sufficient period of time for careful reflection before signing; and no Party made, or was subject to, any explicit or implicit threat that the marriage or engagement would not proceed, or would be ended, if this Agreement were not signed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"add","operator":"="}]},{"id":"305291a3-64bf-4b60-bd5b-486cedff1ee5","order":89,"text":"Each Party acknowledges that: this Agreement was not presented on the basis that it was not open to negotiation; each Party had a reasonable and sufficient period of time for careful reflection before signing; and no Party made, or was subject to, any explicit or implicit threat that the de facto relationship would not commence, or would be ended, if this Agreement were not signed.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"add","operator":"="}]},{"id":"42a50670-785e-4743-bf64-bccc3ca0177f","order":90,"text":"Each Party acknowledges that they are not under any special disadvantage in their dealings with the other, that they have had the benefit of independent legal advice, that they have had the opportunity to negotiate the terms of this Agreement, and that they consider the terms to be a reasonable and acceptable basis on which to order their financial affairs, having regard to their respective circumstances.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"54690338-e885-40fd-b8e0-638639b34bed","order":91,"text":"Each Party warrants that they have read and understood this Agreement in its entirety, that they understand that it excludes the ordinary operation of the Act in relation to the matters it deals with, that they have the legal capacity to enter into it, and that they are not bankrupt and are not aware of any pending application by which they might be made bankrupt.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"7d5c2d2c-56ad-479f-8d5d-8919adc7d2e4","order":92,"text":"15. BINDING NATURE AND SEVERANCE","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S15"},{"id":"92d2e12e-bbda-4af2-b6ae-9255668f7563","order":93,"text":"The Parties intend and agree that this Agreement is binding on them in accordance with section 90G of the Act. This Agreement has not been terminated and has not been set aside by a court.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"add","operator":"="}]},{"id":"4c9bf9a4-b47b-4368-83a5-ef9568bce901","order":94,"text":"The Parties intend and agree that this Agreement is binding on them in accordance with section 90UJ of the Act. This Agreement has not been terminated and has not been set aside by a court.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"add","operator":"="}]},{"id":"15ba967e-2d75-40eb-b6e9-064dbe2e6e91","order":95,"text":"The Parties acknowledge that a court may set aside this Agreement only in the limited circumstances set out in section 90K of the Act, including where the Agreement was obtained by fraud, where a Party entered into it for the purpose of defeating a creditor, where it is void, voidable or unenforceable, where circumstances have arisen that make it impracticable to carry out the Agreement, or where there has been a material change in circumstances relating to the care of a child causing hardship.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"marriage","type":"add","operator":"="}]},{"id":"8922a622-38c6-474b-a59e-42865595128f","order":96,"text":"The Parties acknowledge that a court may set aside this Agreement only in the limited circumstances set out in section 90UM of the Act, including where the Agreement was obtained by fraud, where a Party entered into it for the purpose of defeating a creditor, where it is void, voidable or unenforceable, where circumstances have arisen that make it impracticable to carry out the Agreement, or where there has been a material change in circumstances relating to the care of a child causing hardship.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"1f4205ca-d010-4fd6-a4c4-8e448cf69b3a","value":"defacto","type":"add","operator":"="}]},{"id":"f41ca768-1978-4157-95cb-5bb029d55ec9","order":97,"text":"If any provision of this Agreement is or becomes void, voidable or unenforceable, that provision is to be read down to the extent necessary to make it valid and enforceable, and if it cannot be read down it is severed from this Agreement without affecting the validity or enforceability of the remaining provisions, provided that severance does not defeat the primary intention of the Parties expressed in the Article entitled "Purpose and Intention of the Parties".","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"8cbb6c90-adc4-434b-b244-1620cfbf6cce","order":98,"text":"16. CHILDREN OF THE RELATIONSHIP","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","displayConditions":[{"field":"c1459f53-8bcf-4666-9419-5f04d73446a4","value":"1","type":"add","operator":"="}],"sectionNum":"S16"},{"id":"6590515c-9451-4eac-9dad-d803f1dfdca2","order":99,"text":"The Parties acknowledge that this Agreement does not, and cannot, deal with the parenting arrangements for, or the child support payable in respect of, any child of the Relationship. Any such matters are governed by the Family Law Act 1975 (Cth) and the Child Support (Assessment) Act 1989 (Cth) and are not affected by this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c1459f53-8bcf-4666-9419-5f04d73446a4","value":"1","type":"add","operator":"="}]},{"id":"8b3c16d9-b32c-44ce-b841-e84db41a6cd2","order":100,"text":"Nothing in this Agreement limits the jurisdiction of a court to make orders for the maintenance, welfare or development of a child, or the assessment of child support, and each Party acknowledges that the best interests of any child remain the paramount consideration.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true,"displayConditions":[{"field":"c1459f53-8bcf-4666-9419-5f04d73446a4","value":"1","type":"add","operator":"="}]},{"id":"062dbd30-2387-4112-ae40-6f199794550c","order":101,"text":"17. COSTS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S17"},{"id":"fd1c52e1-a214-454c-b3e9-dcf1a913dbbf","order":102,"text":"Each Party shall bear their own costs of and incidental to the negotiation, preparation, obtaining of independent legal advice on, and execution of, this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a88f457e-3df9-457a-a301-c0fe7cb9d268","order":103,"text":"If a Party defaults in the performance of an obligation under this Agreement, that Party shall be liable for the reasonable costs incurred by the other Party in enforcing this Agreement in respect of that default.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ca6e86e7-6fcf-425c-8544-307bd5ef0a8f","order":104,"text":"18. NOTICES","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S18"},{"id":"e9bd3130-68ee-4170-a980-1e9072c13f36","order":105,"text":"A notice or other communication under this Agreement must be in writing and delivered by hand, sent by prepaid post, or sent by email to the relevant Party at the address of that Party set out in this Agreement or in Schedule 1 or Schedule 2, or to any other address notified in writing by that Party.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"f3cb79c5-7c5b-48c0-a369-65fb8d5cfdb5","order":106,"text":"A notice is taken to be received: if delivered by hand, on delivery; if sent by prepaid post, on the third Business Day after posting; and if sent by email, at the time the email enters the recipient's information system, unless the sender receives an automated message that the email has not been delivered.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"e762cb70-1765-422e-9b93-a0ec343e7321","order":107,"text":"19. DISPUTE RESOLUTION, FURTHER ASSURANCES AND GENERAL PROVISIONS","fontSize":"16","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true,"marginTop":"20","sectionNum":"S19"},{"id":"ed2477e4-3b31-4af6-9f2c-799fa6b55f85","order":108,"text":"This Agreement is governed by the laws of the [State or Territory] and by the Family Law Act 1975 (Cth). The Parties submit to the jurisdiction of the Federal Circuit and Family Court of Australia in respect of any matter arising under or in connection with this Agreement.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"da3ac8b0-8c79-4bf7-8ec6-ec6fad739acd","order":109,"text":"If a dispute arises between the Parties in connection with this Agreement, the Parties agree to attempt in good faith to resolve the dispute by negotiation and, if negotiation is unsuccessful, by mediation before commencing any proceedings, except where urgent relief is required.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c2ea5fdd-db8a-4ec8-b225-bdb30de2b950","order":110,"text":"This Agreement constitutes the entire agreement between the Parties in respect of its subject matter and supersedes all prior negotiations, representations and agreements, whether written or oral.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0449e9ef-d175-4fab-b40e-9c4a068664c1","order":111,"text":"This Agreement may be varied or terminated only by a further written financial agreement or a termination agreement made in accordance with the Act, and signed by both Parties, each of whom has received independent legal advice.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"0b89deae-8eae-42f4-9c73-407fc4e27398","order":112,"text":"No failure or delay by a Party in exercising a right under this Agreement operates as a waiver of that right, and no waiver is effective unless in writing and signed by the Party granting it.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"51eafe24-fcb9-4fac-8293-18bb379fe3bc","order":113,"text":"Each Party must promptly do all things and execute all documents reasonably necessary to give full effect to this Agreement and the transactions contemplated by it, including any document required to transfer title to property or to effect any superannuation splitting.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"b79455ba-6667-4742-a0fd-c38f82337d8c","order":114,"text":"This Agreement binds and benefits the Parties and their respective executors, administrators, legal personal representatives and permitted assigns.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"35b40f13-b02f-4f34-a7c3-4f39ff71d815","order":115,"text":"This Agreement may be signed in counterparts, each of which is an original and all of which together constitute one instrument.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"ba717f5f-c217-4298-b639-14caef8163a6","order":116,"text":"EXECUTION","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"a9cb37ae-bb65-4c03-baf6-7f4762e79fed","order":117,"text":"Executed by the Parties on the [Day] day of [Month] [Year] at [Place of signing].","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"20","cflou":false,"active":true},{"id":"15ad8c5d-59dd-4079-8a4b-c8c566187acc","order":118,"text":"SIGNED by [First party full name] in the presence of the witness named below:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"30","cflou":false,"active":true},{"id":"c03209f3-0494-4f7c-a12c-dab73cfcdec8","order":119,"text":"Signature of First Party: ____________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"c39022c0-bc0a-4f34-824a-85e8038da029","order":120,"text":"Witness name: [First Party witness full name] Witness signature: ____________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"30","cflou":false,"active":true},{"id":"7ca6809d-98f4-4695-83dd-e4e147c2b6f8","order":121,"text":"SIGNED by [Second party full name] in the presence of the witness named below:","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"30","cflou":false,"active":true},{"id":"1330d167-ca60-47ff-bb5d-158610c111b1","order":122,"text":"Signature of Second Party: ____________________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"84dd7606-6606-4878-8c1a-1a4993bb1ea2","order":123,"text":"Witness name: [Second Party witness full name] Witness signature: ____________________","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"30","cflou":false,"active":true},{"id":"30ed60eb-9957-4db0-8a2d-e389e4fdca8e","order":124,"text":"SCHEDULES AND ANNEXURES","fontSize":"14","textAlign":"left","bold":true,"underline":false,"marginBottom":"10","cflou":false,"active":true},{"id":"ff1c6574-78c9-4511-a97a-f4e00c204e99","order":125,"text":"Schedule 1 — Statement of the financial position (assets, liabilities, superannuation and income) of the First Party.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"2975fe7d-bbfa-4368-b51a-c16813727d17","order":126,"text":"Schedule 2 — Statement of the financial position (assets, liabilities, superannuation and income) of the Second Party.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"928c9ed7-27d4-4e50-80b7-e8e5c0066ad0","order":127,"text":"Annexure A — Statement of Independent Legal Advice provided to the First Party.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"5","cflou":false,"active":true},{"id":"433ae9d9-9ed9-4d8d-b058-81ae865d6328","order":128,"text":"Annexure B — Statement of Independent Legal Advice provided to the Second Party.","fontSize":"14","textAlign":"left","bold":false,"underline":false,"marginBottom":"0","cflou":false,"active":true}]