Family
Prenuptial agreements, custody arrangements, separation agreements, and family contracts. Free templates — download PDF or Word, no signup required (2026).
Adoption Agreement
Document the terms and conditions of a private or agency-assisted pet or adult adoption arrangement with this US Adoption Agreement. Covers identifying information, responsibilities, representations, and consent under applicable state law.
Adoption Consent Form
Adoption is one of the most meaningful decisions a family can make — and the legal paperwork needs to reflect that care. An Adoption Consent Form is where a biological parent formally agrees to relinquish parental rights, clearing the path for the adoptive family. It covers the child’s information, the consenting parent’s details, acknowledgment of rights being waived, and notarization requirements. Our free template helps you prepare this sensitive document properly. Fill it out online, preview in real time, and download as PDF or Word. No account needed.
Alimony Agreement
Establish spousal support terms between divorcing or separated spouses with this US Alimony Agreement. Covers payment amount, duration, modification conditions, tax treatment, and termination events under applicable state law.
Child Support Agreement Argentina (Convenio de Cuota Alimentaria)
A Child Support Agreement (Convenio de Cuota Alimentaria) for Argentina — governed by CCyC Arts. 658–670 (Law 26.994), establishing the obligor parent's financial contribution for children's maintenance, education, healthcare, and housing, subject to judicial homologación.
Adoption Consent Form (Australia)
An Adoption Consent Form is the formal written document by which a birth parent, or another person with parental responsibility, gives their consent to the adoption of a child. In Australia, adoption is governed by state and territory law rather than federal law: each state and territory has its own Adoption Act, including the Adoption Act 2000 (NSW), the Adoption Act 1984 (Vic), the Adoption Act 2009 (Qld), the Adoption Act 1988 (SA), the Adoption Act 1994 (WA), the Adoption Act 1988 (Tas), the Adoption Act 1993 (ACT) and the Adoption of Children Act 1994 (NT). While the specific requirements differ between jurisdictions, the fundamental principle that adoption cannot proceed without consent — except in limited circumstances where a court dispenses with consent — is common to all Australian adoption legislation. The giving of consent to adoption is one of the most significant legal acts a parent can perform. Once an adoption order is made by the relevant state or territory court or tribunal, the legal relationship between the birth parent and the child is extinguished: all rights, duties, obligations and liabilities of the birth parent as parent of the child come to an end, and the child becomes, in law, the child of the adoptive parent or parents as if born to them. For this reason, Australian adoption legislation surrounds the giving of consent with a series of procedural safeguards designed to ensure that consent is genuinely free, informed and voluntary. One of the most important safeguards is the requirement for independent counselling and, in many jurisdictions, independent legal advice before consent is given. The counselling process is designed to ensure that the birth parent fully understands the nature, effect and consequences of adoption, has explored all available alternatives, and is making the decision without coercion, undue influence or duress of any kind. The requirement for independent legal advice is designed to ensure the birth parent understands their legal rights and the legal effect of giving consent. In some jurisdictions, the birth parent's lawyer or a prescribed officer must sign a certificate confirming that advice was given before the consent is valid. Another critical safeguard is the cooling-off or revocation period: a period following the giving of consent during which the birth parent may revoke their consent. The length of this period varies by state — for example, under the Adoption Act 2000 (NSW), the revocation period is 28 days from the giving of consent. After the revocation period expires, consent can only be revoked with the permission of the court, which will require grounds such as fraud, duress, or the consent being given under a fundamental misunderstanding. The Adoption Consent Form should clearly record the revocation period applicable in the relevant jurisdiction and advise the birth parent of their right to revoke. Consent must also be witnessed by an authorised officer — typically an officer of the relevant state adoption authority or an accredited adoption agency — who must certify that the birth parent appeared to give consent freely and voluntarily and that the birth parent's identity was verified. The role of the witness is not merely formal: the authorised witness has obligations to satisfy themselves that the consent is genuine and to advise the birth parent of their rights, including the right to revoke. Australia's adoption legislation reflects a strong commitment to preserving the identity and cultural connections of Aboriginal and Torres Strait Islander children. All Australian state and territory adoption Acts include provisions giving effect to the Aboriginal Child Placement Principle, which requires that where possible, an Aboriginal or Torres Strait Islander child be placed with an Aboriginal or Torres Strait Islander family — first the child's own family, then extended family, then the broader community. The Adoption Consent Form for an Aboriginal or Torres Strait Islander child must address community consultation obligations and should record any cultural plan agreed to maintain the child's connection to their community, culture, language and country. These provisions reflect Australia's obligations under the United Nations Declaration on the Rights of Indigenous Peoples and the Royal Commission into Aboriginal Deaths in Custody. Open adoption — where identifying information is shared and some form of ongoing contact between the birth family and the adoptive family is agreed — is now the norm in most Australian adoptions. An Adoption Consent Form may record the birth parent's wishes regarding contact and information sharing, including preferences for letterbox contact (the exchange of photographs and letters through an intermediary), direct contact, or no contact. While these wishes are not legally binding on the adoptive parents, they are placed on the child's adoption file and must be considered by the relevant adoption authority in the placement process. Adoption in Australia is a relatively rare event: the Australian Institute of Health and Welfare records only a few hundred domestic adoptions per year across the whole country. Most adoption applications involve the adoption of a child by a step-parent or a relative, or inter-country adoption. The Adoption Consent Form is a formal document that should be prepared with the assistance of the relevant state adoption authority and, where possible, with independent legal advice from a solicitor experienced in adoption law.
Aged Care Service Agreement (Australia)
An Aged Care Service Agreement is a legally required written contract between an approved aged care provider and an aged care recipient (or their representative) that sets out the services to be provided, the fees payable, and the rights and responsibilities of each party. In Australia, approved providers of Commonwealth-funded aged care services are required by the Aged Care Act 1997 (Cth) and the Aged Care Quality Standards to have a written service agreement with each care recipient before services commence. The Aged Care Act 1997 (Cth) is the principal legislation governing the provision of Commonwealth-funded aged care in Australia. It establishes the framework for the approval of aged care providers, the allocation and management of aged care funding, the rights of care recipients, and the quality and safety obligations of approved providers. The Aged Care Quality and Safety Commission Act 2018 (Cth) established the Aged Care Quality and Safety Commission as the national body responsible for regulating aged care services and enforcing the Aged Care Quality Standards. The Aged Care Quality Standards, which came into force on 1 July 2019, set out eight standards that approved providers must meet: Standard 1 (Consumer dignity and choice); Standard 2 (Ongoing assessment and planning); Standard 3 (Personal care and clinical care); Standard 4 (Services and supports for daily living); Standard 5 (Organisation's service environment); Standard 6 (Feedback and complaints); Standard 7 (Human resources); and Standard 8 (Organisational governance). A compliant service agreement supports the provider's obligations under each of these standards, particularly Standards 1, 2 and 4. Home Care Packages (HCP) are a key funding stream for aged care at home. They are allocated by the Australian Government to eligible individuals who have been assessed by a Regional Assessment Service (RAS) or an Aged Care Assessment Team (ACAT) as having care needs that cannot be met through the Commonwealth Home Support Programme (CHSP). HCPs are offered at four levels (Level 1 to Level 4), corresponding to basic, low, intermediate and high care needs. The funding is provided to the approved home care provider to deliver services according to the care recipient's individualised care plan. From 1 July 2025, the Support at Home Programme is replacing both the HCP and CHSP programmes, but the underlying requirement for a written service agreement remains. The Charter of Aged Care Rights is a key document that forms part of every service agreement. The Charter, introduced in 2019, consolidates the rights of all people receiving Commonwealth-funded aged care into a single document. Care recipients are entitled to: safe and high quality care and services; be treated with dignity and respect; have their identity, culture and diversity valued; live without abuse and neglect; be informed about their care and services; be involved in decisions about their care; have their independence promoted; be listened to; have their personal information protected; and make complaints without fear of reprisal. Providers are legally required to give each care recipient a copy of the Charter and to support them in exercising their Charter rights. Fees for aged care services are regulated. The basic daily fee is set by the Australian Government and is currently equal to 17.5% of the single basic age pension rate, indexed on 20 March and 20 September each year. The income-tested care fee for home care is determined by Services Australia based on the care recipient's income assessment. The total fees a care recipient pays cannot exceed an annual cap and a lifetime cap set by the Australian Government. The care recipient's representative or nominee plays an important role where the care recipient has limited capacity to engage directly with the provider. An enduring power of attorney (EPOA) with financial decision-making authority, a guardianship order, an administrative order, or an NDIA-appointed nominee may each authorise a representative to act on behalf of the care recipient. The service agreement should identify the representative and the basis of their authority. The complaints process is a critical element of every aged care service agreement. The Aged Care Quality and Safety Commission operates the national complaints scheme for Commonwealth-funded aged care. Care recipients, their families and representatives can make complaints directly to the Commission, which has powers to investigate, conciliate and resolve complaints. The Commissioner can also take regulatory action against providers who fail to meet their obligations under the Aged Care Act 1997 (Cth) or the Aged Care Quality Standards.
Binding Financial Agreement (Australia)
Create an Australian Binding Financial Agreement (prenuptial or postnuptial agreement) under Part VIIIA or Part VIIIAB of the Family Law Act 1975 (Cth). Covers property division, superannuation splitting under Part VIIIB, spousal maintenance, and full financial disclosure. Includes solicitor certificate provisions required under s90G.
Child Custody Agreement (Australia)
A Child Custody Agreement is a written document that records the arrangements separated or separating parents in Australia have agreed for the care, welfare and development of their children. In Australian family law, the term 'custody' is no longer used in legislation — the Family Law Act 1975 (Cth) instead uses the language of 'parental responsibility', 'time with' and 'living arrangements'. However, 'child custody agreement' remains the term most commonly searched by Australian parents who need to formalise their post-separation parenting arrangements, and this document functions as a parenting plan under section 63C of the Family Law Act 1975 (Cth). The legal foundation for all parenting arrangements in Australia is Part VII of the Family Law Act 1975 (Cth). Section 60CA of the Act provides that the best interests of the child are the paramount consideration in any decision relating to children. Section 60B sets out the objects of Part VII, which include ensuring that children have the benefit of meaningful relationships with both parents and are protected from physical or psychological harm. Section 60CC specifies the factors a court must consider when determining a child's best interests, including the safety of the child, the child's own views, the nature of the child's relationship with each parent, each parent's willingness to facilitate the other parent's involvement in the child's life, and any family violence or history of abuse. The Family Law Amendment Act 2023 (Cth), which came into force in May 2024, significantly reformed Australian family law by removing the presumption of equal shared parental responsibility that had existed since 2006 under the former section 61DA. Under the current framework, there is no default presumption in favour of any particular arrangement. Each case is assessed on its individual merits against the section 60CC best interests factors. This makes it essential that parents set out their arrangements clearly in a written agreement that addresses all relevant aspects of the children's lives. Parental responsibility, as defined in section 61B of the Family Law Act 1975 (Cth), encompasses all the duties, powers, responsibilities and authority that parents have in relation to their children. This includes making significant long-term decisions about the children's education, healthcare, religious and cultural upbringing, and name. Under section 61C, each parent of a child under 18 has parental responsibility unless a court order provides otherwise. A Child Custody Agreement should clearly address whether parental responsibility for significant long-term decisions will be exercised jointly by both parents or primarily by one parent, and how the parents will share information about the children's welfare, health and education. The agreement must specify the living and contact arrangements — where the children will primarily reside, the regular term-time schedule, the school holiday arrangements, and special occasion provisions for Christmas, birthdays, Mother's Day, Father's Day and public holidays. Clear, specific schedules with defined handover times and locations reduce the scope for conflict and provide the children with certainty and stability. The contact schedule should reflect the children's needs and ages, recognising that younger children may benefit from more frequent shorter visits while older children and teenagers may prefer different arrangements. Communication provisions are equally important: both how the parents will communicate with each other about the children's welfare (including what information must be shared and within what timeframe), and how the children may maintain contact with the parent they are not currently with. International travel provisions are critical — Australia is a signatory to The Hague Convention on the Civil Aspects of International Child Abduction, implemented by the Family Law (Child Abduction Convention) Regulations 1986 (Cth), and removing a child from Australia without consent or a court order may constitute a criminal offence. Dispute resolution provisions should incorporate the requirement under section 60I of the Family Law Act 1975 (Cth) for parents to attend family dispute resolution (FDR) before making any application to the Federal Circuit and Family Court of Australia (FCFCOA) for a parenting order. The agreement operates as a parenting plan under section 63C of the Act, which means the most recent plan signed by both parents may operate to discharge an earlier parenting order to the extent of any inconsistency under section 64D. Parents who later want the protection of court enforcement can apply for consent orders to formalise the arrangements.
Child Support Agreement (Australia)
A Child Support Agreement is a private written arrangement between two parents in Australia that sets out the amount of child support to be paid, how and when it will be paid, and how additional expenses for the child will be met. It operates as an alternative to, or a variation of, an administrative assessment made by Services Australia (Child Support) under the Child Support (Assessment) Act 1989 (Cth). Australia's child support system is primarily administered by Services Australia under the Child Support (Assessment) Act 1989 (Cth) and the Child Support (Registration and Collection) Act 1988 (Cth). By default, when parents separate and one parent applies for a child support assessment, Services Australia calculates the amount payable using a formula based on both parents' incomes, the percentage of care each parent provides, and the age and number of children. However, the law expressly permits parents to reach their own private agreement under two different frameworks: Limited Agreements and Binding Agreements. A Limited Child Support Agreement under Part 6A of the Child Support (Assessment) Act 1989 (Cth) can only be made if an administrative assessment already exists or is about to be made, and the agreement must provide for at least the amount of the administrative assessment. A Limited Agreement can be terminated by either parent after three years by giving written notice, or at any time if there is a change in the administrative assessment of 15% or more. This makes it a more flexible option for parents whose circumstances are likely to change. A Binding Child Support Agreement under Part 6B of the Child Support (Assessment) Act 1989 (Cth) is more formal and binding. It can be made regardless of whether an administrative assessment exists, and can provide for more or less than the amount of the administrative assessment. However, for a Binding Agreement to be valid, both parents must have received independent legal advice from a lawyer about the effect of the agreement and the advantages and disadvantages of entering into it. A Binding Agreement cannot be terminated by notice alone — it can only be set aside by a court in limited circumstances, including where it would be unjust and inequitable not to do so due to a change in circumstances relating to the child. The Child Support Agreement should clearly specify the amount to be paid, the frequency of payments (monthly, fortnightly or weekly), the method of payment (direct deposit, through Services Australia, etc.), and a grace period for late payments. In addition to the base child support amount, the agreement should address how additional expenses for the child will be shared — including private health insurance, school fees, uniforms, educational materials, extracurricular activities, school camps, medical and dental costs not covered by Medicare, and other extraordinary expenses. Both types of agreements must be in writing and signed by both parents to be valid, and must be lodged with Services Australia for registration under the Child Support (Registration and Collection) Act 1988 (Cth). Once registered, the agreement is enforceable by Services Australia, which has extensive powers to collect unpaid child support including intercepting tax refunds, garnishing wages, and suspending passports under the Child Support (Registration and Collection) Act 1988 (Cth). Termination provisions should address the circumstances in which the obligation to pay child support ends — typically when the child turns 18 or completes full-time secondary education, whichever is later, but also when the child marries, enters a de facto relationship, or becomes self-supporting. Parents should be aware that child support continues beyond age 18 for a child who is undertaking full-time secondary education and is wholly or substantially dependent on one or both parents, under section 5 of the Child Support (Assessment) Act 1989 (Cth). A private Child Support Agreement gives parents control over the financial arrangements for their child, enabling them to tailor the agreement to their specific circumstances rather than relying on the standard formula. It is an important tool for ensuring the child's financial needs are met while avoiding the adversarial process of enforcement through the courts.
Childcare Agreement (Australia)
Create an Australian Childcare Agreement between a family and a private childcare provider (nanny, au pair, babysitter, or childminder). Documents services, hours, pay, duties, and responsibilities under Australian employment and consumer law.
Childcare Enrolment Form and Service Agreement (Australia)
A Childcare Enrolment Form and Service Agreement is the foundational document for any child's enrolment at an approved education and care service in Australia. It records the child's personal and health information, the parent or guardian's details, emergency contacts, the agreed days and hours of care, the fees and any Child Care Subsidy (CCS) arrangements, and the policies and authorisations that govern the child's attendance. The agreement is a binding contract between the approved service and the parent or guardian, and is required under the Education and Care Services National Law Act 2010 and the Education and Care Services National Regulations 2011. The Education and Care Services National Law Act 2010 (the "National Law") is a uniform law enacted in all states and territories (except Western Australia, which has its own equivalent legislation) that establishes the national framework for the regulation of education and care services. The National Law is administered by each state and territory's regulatory authority — for example, the NSW Regulatory Authority, the Victorian Department of Education, and so on. The Australian Children's Education and Care Quality Authority (ACECQA) provides national leadership and oversight of the National Quality Framework (NQF). The National Quality Framework (NQF) applies to all approved long day care, family day care, outside school hours care, preschool and kindergarten services. The NQF includes the National Quality Standard (NQS), the Education and Care Services National Law, and the Education and Care Services National Regulations 2011. The NQS has seven quality areas, each of which is assessed and rated by the regulatory authority: Educational program and practice; Children's health and safety; Physical environment; Staffing arrangements; Relationships with children; Collaborative partnerships with families and communities; and Governance and leadership. Services are assessed and rated by the regulatory authority against the NQS and awarded one of five ratings: Excellent (awarded by ACECQA); Exceeding National Quality Standard; Meeting National Quality Standard; Working Towards National Quality Standard; and Significant Improvement Required. Parents and guardians are entitled to view the service's most recent rating and assessment report, which is available on the Starting Blocks website maintained by ACECQA. The Child Care Subsidy (CCS) is the primary Australian Government financial assistance available to families who use approved childcare services. CCS is administered by Services Australia under the A New Tax System (Family Assistance) Act 1999 (Cth) (the "FAS Act") and the A New Tax System (Family Assistance) (Administration) Act 1999 (Cth). CCS is payable based on three factors: the family's combined annual income (which determines the CCS percentage); the activity test (which requires each parent or guardian to be engaged in work, training, study or other approved activities for a minimum number of hours); and the child's immunisation status on the Australian Immunisation Register (AIR) — children who are not immunised or do not have an AIR exemption are not eligible for CCS. Enrolment records must be maintained by approved services in accordance with Regulation 160 and Regulation 161 of the Education and Care Services National Regulations 2011. The required information includes the child's full name, date of birth, address and emergency contacts; details of each person authorised to collect the child; the child's dietary requirements; court orders relevant to the child (such as parenting orders or family violence orders); the parent or guardian's contact details; and the child's immunisation history. The enrolment form and service agreement is the primary mechanism for collecting this information. Consent and authorisation provisions are an important component of the enrolment form. Services must obtain written parental consent for routine local excursions and walks (Regulation 101), the administration of sunscreen (Regulation 90), routine first aid (Regulation 89), and photography and use of children's images in service communications and learning portfolios. The enrolment form should include clear consent and authorisation provisions for each of these matters. Withdrawal notice requirements protect the service's financial viability. Most services require a minimum notice period (commonly two to four weeks) for a child's withdrawal, failing which fees in lieu of notice may be charged. The notice period and the consequences of insufficient notice should be clearly stated in the service agreement. The privacy obligations of approved services are governed by the Privacy Act 1988 (Cth) and the Australian Privacy Principles for services with an annual turnover above the threshold, and by state-level privacy legislation in some jurisdictions. The enrolment form collects significant personal and sensitive information about children and their families, and the service must handle that information in accordance with applicable privacy laws.
Cohabitation Agreement (Australia)
A Cohabitation Agreement is a written contract between two people who are living together — or planning to live together — as an unmarried couple. It sets out each party's rights and obligations in relation to property, finances, and other shared arrangements during their relationship, and specifies what happens to property, shared finances, and the shared residence if the relationship ends. In Australia, cohabitation agreements are particularly significant because of the legal rights that can arise once an unmarried couple has lived together as a de facto couple. Under Part VIIIAB of the Family Law Act 1975 (Cth), de facto couples — including same-sex couples — who have cohabited for at least two years (or who have a child together, or where one party has made a substantial contribution) may apply to the Federal Circuit and Family Court of Australia for property division orders and maintenance orders. These are the same court processes available to married couples. This means that without a clear agreement in place, an unmarried Australian couple's property and financial arrangements may be subject to court intervention at the end of the relationship in much the same way as a marriage. Several state and territory Acts add additional layers of protection for cohabiting partners. In New South Wales, the Property (Relationships) Act 1984 (NSW) allows de facto partners and domestic partners to apply for property adjustment orders after two years of cohabitation. In South Australia, the Domestic Partners Property Act 1996 (SA) provides similar rights. In Tasmania, the Relationships Act 2003 (TAS) establishes a formal registration scheme for personal relationships, with property rights arising from registration. Victoria, Queensland, Western Australia, and the ACT provide similar rights under their respective domestic relationships or de facto provisions. A Cohabitation Agreement allows couples to take control of their financial relationship before the law imposes a default framework on them. The agreement can clearly state which property each party owns separately (including property brought into the relationship, and property received as gifts or inheritances during the relationship), how jointly acquired property will be owned, how shared household expenses will be allocated, how a joint bank account will be operated and divided, and what will happen to the shared residence and other assets if the relationship ends. For couples who are beginning to cohabit, a Cohabitation Agreement provides clarity and certainty at the outset of the relationship, avoiding disputes about who owns what if things go wrong. For couples who have cohabited for some time, a Cohabitation Agreement can document their existing arrangements and clarify their intentions going forward. A Cohabitation Agreement is different from a Binding Financial Agreement (BFA) under the Family Law Act 1975 (Cth). A BFA is a more formal document that, if properly executed with each party receiving independent legal advice from a separate Australian solicitor and those solicitors providing the required certificates, can be legally binding and can remove the court's jurisdiction to make property orders. A Cohabitation Agreement that does not meet the requirements of a BFA under section 90UC or 90UD of the Family Law Act will not have the same legally binding effect but still provides a valuable record of the parties' intentions and arrangements, and may be taken into account by a court in any subsequent proceedings. Both parties should make full and frank disclosure of their assets, liabilities, income, and superannuation. Failure to disclose material financial information is a ground on which a court may disregard the terms of any financial agreement. Both parties are strongly encouraged to seek independent legal advice from separate solicitors before signing. This template provides a comprehensive starting point for an Australian Cohabitation Agreement. For the agreement to have maximum legal protection — particularly if the parties wish it to operate as a Binding Financial Agreement under the Family Law Act — it should be reviewed and signed with the assistance of two separately instructed Australian solicitors.
Custody Agreement (Australia)
A Custody Agreement — formally known in Australian law as a Parenting Agreement — is a written document that sets out the arrangements agreed by two parents for the care, welfare and development of their children following separation. Australian family law does not use the word 'custody' in the formal legal sense: the Family Law Act 1975 (Cth) instead uses the concepts of 'parental responsibility', 'live with' and 'spend time with' to describe the arrangements made for children after their parents separate. Despite this, the term 'custody agreement' remains widely understood by parents and is commonly used to describe the type of parenting arrangement this document sets out. Under the Family Law Act 1975 (Cth), the best interests of the child is the paramount consideration in all decisions made about children, including agreements reached voluntarily by their parents. Section 60CA of the Act enshrines this principle. Section 60CC sets out the factors relevant to determining what is in a child's best interests, including the benefit to the child of having a meaningful relationship with both parents, the need to protect the child from harm, the child's views and wishes having regard to their age and maturity, the nature of the child's relationship with each parent, and the capacity of each parent to provide for the child's physical, emotional, intellectual and cultural needs. A Custody Agreement should be drafted with these factors in mind. The Family Law Amendment Act 2023 (Cth), which came into effect on 6 May 2024, made the most significant changes to Australian family law in nearly two decades. It removed the presumption of equal shared parental responsibility that had applied since 2006 under the former section 61DA. Under the current framework, there is no presumption in favour of any particular arrangement — equal time, equal shared parental responsibility or otherwise. Courts and parents alike must focus entirely on the individual child's needs as assessed against the revised section 60CC factors. This reform is directly relevant to Custody Agreements because it means that what is agreed must genuinely reflect the specific child's circumstances and needs, not a default assumption of equality. Parental responsibility is defined in section 61B of the Family Law Act 1975 (Cth) as all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children. Under section 61C, each parent of a child under 18 has parental responsibility for that child unless a court order provides otherwise. Parental responsibility encompasses decisions about the child's education, healthcare, religious upbringing, extra-curricular activities, name and place of residence. A Custody Agreement should set out clearly whether parental responsibility will be shared equally — meaning both parents consult and decide together — or will be held primarily by one parent. The live-with and spend-time provisions are the practical heart of any Custody Agreement. The live-with clause specifies where the child primarily resides — with Parent 1, with Parent 2, or in a shared care arrangement dividing time substantially equally between both homes. The spend-time schedule sets out in practical detail the regular fortnightly or weekly timetable, including school-term arrangements, holiday schedules for each school break, and how Christmas, Easter, birthdays, Mother's Day, Father's Day and other special occasions are divided. The more specific and detailed the schedule, the less room there is for future disagreement. Handover arrangements should also be addressed: where and how the child transitions between parents, what the child should bring to each home, and what happens if one parent is late or unable to attend handover. International travel provisions are increasingly important and should specify the notice period and consent requirements before a parent takes the child overseas. Taking a child out of Australia without the other parent's consent or a court order may constitute international parental abduction under the Family Law (Child Abduction Convention) Regulations 1986 (Cth), a serious criminal offence. A Custody Agreement should include a dispute resolution clause requiring the parents to attend family dispute resolution (FDR) before applying to the Federal Circuit and Family Court of Australia (FCFCOA) for a parenting order. Section 60I of the Family Law Act 1975 (Cth) generally requires parties to have a section 60I certificate from an accredited FDR practitioner before a court will accept a parenting application, except in cases of urgency, family violence or risk of harm to the child. Including a relocation clause — specifying the notice and consent required before a parent moves in a way that would significantly disrupt the arrangements — is also prudent. A Custody Agreement under Australian law is a parenting plan within the meaning of section 63C of the Family Law Act 1975 (Cth). It is not a court order and is not directly enforceable as such. If both parents later want the arrangements to be legally enforceable, they may apply jointly to the FCFCOA for a consent order that reflects the terms of the agreement. The most recent parenting plan signed by both parents will operate to discharge any earlier parenting order to the extent of any inconsistency under section 64D, making the agreement a powerful tool for parents who wish to update their arrangements cooperatively without returning to court.
Temporary Parenting Agreement (Australia)
A Temporary Parenting Agreement is an interim written arrangement between separated parents in Australia that sets out short-term arrangements for the care, welfare and time-sharing of their children, pending final parenting orders from the Federal Circuit and Family Court of Australia (FCFCOA), completion of family dispute resolution, or execution of a formal Parenting Plan. It is recognised as a Parenting Plan under section 63C of the Family Law Act 1975 (Cth) and, under section 64D, operates to discharge any earlier parenting order to the extent of any inconsistency. The paramount consideration in all arrangements is the best interests of the child under section 60CA of the Act.
Divorce Settlement Agreement (Australia)
Create a Divorce Settlement Agreement for Australia covering property division, superannuation splitting, spousal maintenance, parenting arrangements, and child support under the Family Law Act 1975 (Cth).
Domestic Partnership Agreement (Australia)
A Domestic Partnership Agreement — also known as a De Facto Financial Agreement — is a legally significant document under which two de facto partners set out their respective financial rights and obligations during their relationship and, critically, on the breakdown of that relationship. In Australia, the Family Law Act 1975 (Cth) was substantially amended in 2009 to extend the federal financial settlement framework to de facto couples in all states and territories except Western Australia (which operates under its own Family Court Act 1997 (WA)). Part VIIIAB of the Family Law Act 1975 (Cth) governs de facto financial agreements and property orders, providing de facto partners with substantially the same rights and obligations as married couples in relation to property settlement and spousal maintenance. A de facto relationship is defined in section 4AA of the Family Law Act 1975 (Cth) as a relationship between two persons who are not legally married to each other, are not related by family, and have a relationship as a couple living together on a genuine domestic basis. In determining whether a de facto relationship exists, courts consider a range of factors including the duration of the relationship, the nature and extent of the common residence, the degree of financial dependence or interdependence, the ownership and use of property, the degree of mutual commitment to a shared life, the care and support of children, and the reputation and public aspects of the relationship. There is no prescribed minimum period for a de facto relationship to exist, but the court generally requires at least two years of cohabitation before it will make property orders in favour of a de facto partner, subject to exceptions under section 90SB of the Family Law Act 1975 (Cth) (such as where there is a child of the relationship or where a party has made substantial contributions). A Domestic Partnership Agreement made under Part VIIIAB of the Family Law Act 1975 (Cth) — also known as a binding financial agreement — can be made before the de facto relationship commences (a 'pre-nuptial equivalent'), during the de facto relationship, or after separation. To constitute a binding financial agreement under section 90UC of the Act and thereby oust the jurisdiction of the Federal Circuit and Family Court of Australia to make a property order under section 90SM, the agreement must meet strict formal requirements: it must be in writing, it must be signed by both parties, and — most critically — each party must have received independent legal advice from a solicitor about the effect of the agreement on their rights and whether the agreement is advantageous, before signing. Each party's solicitor must provide a signed certificate of independent legal advice, which is attached to the agreement. Without meeting these requirements, the document will not have binding financial agreement status and will not oust the court's jurisdiction, though it may still have evidentiary value as to the parties' intentions. A Domestic Partnership Agreement typically addresses several interconnected areas of financial life. The first is the identification and protection of each partner's separate property — the assets each partner brings to the relationship from before it commenced, or assets received during the relationship by gift or inheritance. Separate property provisions typically state that these assets remain each partner's individual property on the breakdown of the relationship, regardless of how long the relationship lasts. The second area is the treatment of property acquired jointly during the relationship — how jointly-acquired assets, joint accounts, a shared home and other shared financial interests will be dealt with. The third area is the treatment of superannuation. Under Australian law, superannuation is treated as a specific type of financial resource and can be the subject of splitting orders when a de facto relationship ends, under section 90MT and related provisions of the Family Law Act 1975 (Cth). A Domestic Partnership Agreement can include provisions dealing with superannuation, including an agreement by each party to keep their own superannuation or a more complex arrangement involving splitting of contributions made during the relationship. The fourth area is maintenance — commonly called de facto maintenance or spousal maintenance in the Australian context. Under section 90SF of the Family Law Act 1975 (Cth), a de facto partner may apply for maintenance if they are unable to support themselves adequately following the breakdown of the de facto relationship and the other party has the capacity to pay. A Domestic Partnership Agreement can include an agreement that neither party will seek maintenance from the other, which, if included in a binding financial agreement under section 90UC, will oust the court's maintenance jurisdiction. The fifth area is financial arrangements during the relationship itself — how household expenses will be shared, how income will be managed, and how joint debts and liabilities will be handled. While these provisions do not generally need court approval, including them provides clarity and reduces the potential for financial disputes during the relationship. Property settlement for de facto couples in Western Australia is governed by the Family Court Act 1997 (WA), which has its own provisions and procedural requirements that differ from the federal framework. Western Australian de facto couples should seek advice from a solicitor admitted in Western Australia about the specific requirements that apply to them. All other Australian states and territories follow the federal framework under Part VIIIAB of the Family Law Act 1975 (Cth).
Letter of Intent to Marry (Australia)
Create a Letter of Intent to Marry for Australia, declaring your intention to enter into marriage. Useful for visa applications, family notifications, and supporting documentation under the Marriage Act 1961 (Cth).
NDIS Plan Management Service Agreement (Australia)
Create an NDIS Plan Management Service Agreement under the National Disability Insurance Scheme Act 2013 (Cth). For registered plan management providers and NDIS participants. Covers services, fees (NDIS Price Guide compliant), participant rights, privacy, dispute resolution, and termination provisions.
NDIS Service Agreement (Australia)
An NDIS Service Agreement is a written contract between a National Disability Insurance Scheme (NDIS) participant (or their nominee or guardian) and an NDIS service provider, setting out the supports to be delivered, the prices to be charged, the cancellation policy, and the rights and responsibilities of each party. Under the National Disability Insurance Scheme Act 2013 (Cth) (the "NDIS Act") and the NDIS (Supports for Participants) Rules 2013, NDIS service providers and participants are expected to enter into written service agreements before supports are delivered. The NDIS Act 2013 (Cth) established the National Disability Insurance Agency (NDIA) as the statutory authority responsible for administering the NDIS. The NDIS provides individualised funding to eligible Australians under 65 who have a permanent and significant disability that affects their ability to take part in everyday activities. The NDIS funds a broad range of supports, known as support categories, which cover daily activities, social and community participation, health and wellbeing, learning, home and living, relationships, life choices, and daily activities. The NDIS Quality and Safeguards Commission (the "NDIS Commission") is the national body responsible for regulating NDIS providers and their workers. The NDIS Commission administers the NDIS Practice Standards, the NDIS Code of Conduct, and the NDIS provider registration scheme. Registered NDIS providers must hold registration in the support categories in which they deliver supports, and must comply with the NDIS Practice Standards applicable to those categories. Unregistered providers may deliver supports to self-managed and plan-managed participants but are still bound by the NDIS Code of Conduct. The NDIS Pricing Arrangements and Price Limits (previously the NDIS Price Guide) set the maximum prices that registered NDIS providers can charge for supports. Prices vary by support category, time of day, day of week (weekday, Saturday, Sunday, public holiday), and geographic location (metropolitan, remote, very remote). Providers may charge less than the price limits but cannot charge more. The NDIA updates the Pricing Arrangements periodically, and service agreements should specify the applicable support item numbers and pricing at the time the agreement is signed. Plan management is a key concept in every NDIS service agreement. The participant's NDIS plan may be managed in three ways: NDIA-managed (also called agency-managed), where the NDIA pays providers directly and only registered providers can be used; plan-managed, where a plan management provider receives the NDIS funds and pays providers on the participant's behalf (allowing use of both registered and unregistered providers); or self-managed, where the participant controls the NDIS funds and can engage any provider they choose. The cancellation policy is a particularly important element of an NDIS service agreement. Under the NDIS Pricing Arrangements, registered providers may charge for short-notice cancellations — defined as cancellations made by the participant within a specified period before the scheduled support (currently two clear business days for most support categories). Where a short-notice cancellation occurs, the provider may charge up to 100% of the agreed support price for that session. The service agreement must set out the cancellation notice period and the applicable cancellation charge, consistent with the NDIS Pricing Arrangements. Participant rights are central to every NDIS service agreement. The NDIS Code of Conduct requires all providers and their workers to act with respect for individual rights to freedom of expression, self-determination and decision-making; act with integrity, honesty and transparency; take reasonable steps to prevent and respond to violence, exploitation, neglect and abuse; take reasonable steps to prevent and respond to sexual misconduct; provide supports and services in a safe and competent manner; and promptly take steps to raise concerns about matters that might affect the quality and safety of supports. Self-advocacy, independence and community inclusion are core objectives of the NDIS Act. Service agreements must be drafted in plain language that the participant can understand, and should be explained to the participant (and their nominee or guardian where appropriate) before signing. The participant retains the right to have a support person or advocate assist them in understanding and negotiating the agreement.
Parental Responsibility Agreement (Australia)
Create an Australian Parental Responsibility Agreement documenting how separated or divorced parents will share decision-making, living arrangements, and care responsibilities for their children under the Family Law Act 1975 (Cth).
Parenting Plan (Australia)
A Parenting Plan is a written agreement between separated or separating parents in Australia that sets out the arrangements for the care, welfare and development of their children. Unlike a parenting order made by a court, a Parenting Plan is a private document agreed upon by both parents and is recognised under section 63C of the Family Law Act 1975 (Cth) as a binding agreement that can guide the family's co-parenting arrangements without the need for court intervention. The Family Law Act 1975 (Cth) places the best interests of the child as the paramount consideration in all decisions relating to children, as stated in section 60CA. Section 60CC sets out the factors to be considered when determining what is in a child's best interests, including the benefit to the child of having a meaningful relationship with both parents, the need to protect the child from harm, the child's views and wishes, the nature of the child's relationship with each parent, the willingness of each parent to facilitate the other parent's involvement in the child's life, and any history of family violence or abuse. A well-drafted Parenting Plan addresses all of these considerations. Australia's family law system was significantly reformed by the Family Law Amendment Act 2023 (Cth), which came into effect in May 2024 and removed the presumption of equal shared parental responsibility that had previously applied under the old section 61DA. Under the current framework, there is no automatic presumption in favour of any particular arrangement. Instead, courts and parents alike must focus entirely on what arrangement best serves the individual child's needs and interests, assessed against the section 60CC factors. This makes it more important than ever for parents to set out their arrangements clearly in a Parenting Plan. A Parenting Plan covers several key areas of a child's life. Living arrangements specify where the child will primarily reside and how time is divided between the parents. The contact and communication schedule records how regularly the child spends time with each parent, including during school terms, school holidays, public holidays, special occasions such as birthdays and Christmas, and the specific handover times and locations. Decision-making provisions address how significant long-term decisions about the child's education, health, religion and extra-curricular activities will be made — whether jointly by both parents or primarily by one parent. The Parenting Plan should also address communication between the parents themselves, ensuring that information about the child's health, education and welfare is shared openly and promptly. International travel provisions are increasingly important and should specify the notice period required before a parent takes the child overseas and whether the other parent's written consent is required. Under Australian law, taking a child overseas without the other parent's consent may constitute international parental child abduction, which is a serious criminal offence. Relocation clauses protect both parents and the child by setting out what must happen before a parent moves to a new location that would significantly affect the existing arrangements. The Family Court of Australia (now part of the Federal Circuit and Family Court of Australia, or FCFCOA) has a developed body of case law on relocation matters, recognising the fundamental tension between a parent's right to move and the child's right to maintain a meaningful relationship with both parents. Dispute resolution provisions are essential. Under section 60I of the Family Law Act 1975 (Cth), parents are generally required to attend family dispute resolution (FDR) before applying to the court for a parenting order, except in cases involving urgency, family violence or child abuse. Specifying mediation or FDR as the first step in resolving disagreements about the Plan ensures compliance with this requirement and encourages resolution without the cost and emotional toll of litigation. A Parenting Plan is a practical, flexible and child-centred document that enables parents to take responsibility for their children's welfare without placing that responsibility in the hands of a court. It can be updated as the child grows and circumstances change, making it the preferred starting point for most separating Australian families.
Pet Care Agreement (Australia)
A Pet Care Agreement is a written contract between a professional pet care service provider and a pet owner (client) that sets out the terms and conditions for the provision of pet care, boarding, minding or related services in Australia. Whether the arrangement involves overnight boarding at the provider's premises, in-home pet minding, dog walking, day care, or a combination of services, a written agreement protects both parties, clarifies responsibilities, and ensures that the pet's welfare is properly managed during the care period. In Australia, professional pet care services are subject to the consumer guarantee provisions of the Australian Consumer Law (ACL), contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth). The ACL applies to all services supplied in trade or commerce where the price of the services does not exceed $100,000 (or, in some circumstances, a higher threshold). Under the ACL, services must be provided with due care and skill, be reasonably fit for any particular purpose that the consumer makes known to the provider, and be supplied within a reasonable time if no time is agreed. These guarantees cannot be excluded, restricted or modified by contract in the case of a consumer. A well-drafted Pet Care Agreement acknowledges these statutory obligations and sets out how the parties will manage their relationship within that framework. Animal welfare legislation is also relevant. Each Australian state and territory has its own Prevention of Cruelty to Animals Act or equivalent — including the Prevention of Cruelty to Animals Act 1979 (NSW), the Prevention of Cruelty to Animals Act 1986 (Vic), the Animal Care and Protection Act 2001 (Qld), the Animal Welfare Act 2002 (WA), the Animal Welfare Act 1985 (SA), the Animal Welfare Act 1993 (Tas), the Animal Welfare Act 1992 (ACT) and the Animal Protection Act 2018 (NT). These Acts impose duties of care on anyone who is responsible for an animal, including a pet care provider during a boarding or minding engagement. A Pet Care Agreement should reflect the provider's commitment to comply with the applicable animal welfare legislation. Companion animal registration requirements must also be considered. In New South Wales, for example, dogs and cats over 12 weeks of age must be registered under the Companion Animals Act 1998 (NSW) and microchipped. Similar requirements apply in other jurisdictions. A Pet Care Agreement typically requires the owner to confirm that the pet is registered, microchipped and current on all required vaccinations — particularly for boarding providers who host multiple animals and need to manage disease risks. Vaccination requirements are critical for boarding facilities. Most professional boarding kennels and catteries require proof of current vaccination (at minimum C5 for dogs and F3 for cats in most jurisdictions) before accepting a pet. The Pet Care Agreement should include a vaccination warranty from the owner, specifying which vaccines must be current, the date of last vaccination, and the consequences — including refusal of service — if the vaccination records are not up to date. The agreement must include clear provisions for veterinary authority. The provider must have explicit written authority from the owner to seek emergency veterinary treatment if the pet becomes ill or is injured while in the provider's care and the owner cannot be contacted. The scope of that authority — including whether it covers all treatment or is subject to a cost cap — and the allocation of the resulting veterinary costs should be clearly documented. The fee structure, GST treatment (at 10% under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) if the provider is registered for GST), payment terms and cancellation policy must also be addressed. Cancellation policies are a common source of disputes, particularly during busy holiday periods when boarding facilities are fully booked. Clear, written cancellation terms protect the provider's revenue and manage the owner's expectations. A Pet Care Agreement should also address the owner's representations about the pet's temperament, health, and behaviour — including any history of aggression towards people or other animals. If the pet injures another animal or person, or damages property, a signed representation by the owner about the pet's temperament is an important piece of evidence in any subsequent dispute about liability.
Pet Custody Agreement (Australia)
Formalise arrangements for the care and custody of a pet following separation or shared ownership in Australia. Covers primary residence, visitation, veterinary decisions, expenses, and dispute resolution under Australian common law principles.
Pet Sitting Contract (Australia)
A Pet Sitting Contract is a written agreement between a pet sitter and a pet owner for the provision of short-term pet sitting services in Australia. Pet sitting typically involves the sitter visiting the owner's home — or, in some cases, the owner bringing the pet to the sitter's home — to care for the pet during a short-term absence such as a holiday, business trip, or day away. Unlike long-term commercial boarding, pet sitting is often an individual or small-scale service arrangement. A written contract protects both the sitter and the owner by clearly setting out the services to be provided, the care and feeding instructions, the fee and payment terms, the emergency veterinary authority, and the allocation of responsibility if something goes wrong. In Australia, all services provided in trade or commerce — including pet sitting, whether offered by a registered business or an individual operating as a sole trader — are subject to the consumer guarantee provisions of the Australian Consumer Law (ACL), contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth). Under the ACL, the sitter must provide the services with due care and skill, and the services must be reasonably fit for any particular purpose the owner has made known to the sitter. These guarantees apply regardless of what the contract says and cannot be excluded in the case of a consumer. A pet sitting contract should acknowledge the sitter's obligations under the ACL and set out a clear process for dealing with service failures. Companion animal legislation is relevant in all Australian states and territories. In New South Wales, the Companion Animals Act 1998 (NSW) requires all dogs and cats over 12 weeks of age to be microchipped and registered with the relevant council. Similar requirements apply under companion animals and local government legislation in other states and territories. A Pet Sitting Contract should require the owner to confirm that the pet is microchipped and registered as required by law, and should include the pet's microchip number to assist in identifying and recovering the animal if it becomes lost during the sitting engagement. Animal welfare obligations apply to anyone who has care or custody of an animal. Each state and territory's Prevention of Cruelty to Animals legislation — including the Prevention of Cruelty to Animals Act 1979 (NSW), the Prevention of Cruelty to Animals Act 1986 (Vic), and the Animal Care and Protection Act 2001 (Qld) — imposes a duty to ensure the animal receives adequate food, water, shelter, veterinary care and treatment. A pet sitter who fails to meet these obligations may face criminal liability under the applicable animal welfare Act, irrespective of any contractual arrangement with the owner. The sitting period must be clearly specified, including the start and end dates and times. This is particularly important where the sitter is staying overnight at the owner's home, as the sitter will typically have access to the owner's keys, alarm codes and personal property during that time. The contract should authorise the sitter to access the property for the purpose of the engagement and require the sitter to keep all access information strictly confidential. The contract must include clear, detailed care instructions that have been agreed in advance: the specific foods and quantities for each meal, the frequency and timing of feeding, exercise requirements including whether the dog can be off-lead in unfenced areas, any confinement requirements (such as an indoor-only cat policy), and any behavioural quirks the sitter needs to know about. If the sitter is to administer medication, the full details — drug name, dose, frequency and method of administration — must be recorded in writing. Emergency veterinary authority is essential. The sitter must have explicit written authorisation from the owner to seek emergency veterinary treatment if the pet becomes ill or is injured and the owner cannot be contacted. The contract should specify the authority's scope — whether it is open-ended or subject to a cost threshold — and the process for contacting the owner or the nominated emergency contact before authorising non-emergency treatment. The fee, payment method and cancellation policy must be clearly stated. Disputes about cancellations — particularly last-minute cancellations that leave the sitter unable to take other bookings — are a common source of conflict. A written cancellation policy protects the sitter's income and provides the owner with clarity about their obligations before they commit to the booking.
Postnuptial Agreement (Australia)
A Postnuptial Agreement — also called a post-nuptial financial agreement or a binding financial agreement after marriage — is a legally binding contract entered into by two people who are already married, for the purpose of regulating their financial affairs during the marriage and in the event that the marriage breaks down. In Australia, postnuptial agreements are specifically authorised under section 90C of the Family Law Act 1975 (Cth), which allows married couples to make a binding financial agreement at any time after their marriage and before separation. To be binding under Australian law, a postnuptial agreement must comply with strict requirements set out in section 90G of the Family Law Act 1975 (Cth). The most important of these requirements is that each party must receive independent legal advice from a separate, qualified Australian legal practitioner about the effect of the agreement on their rights, and the advantages and disadvantages of making the agreement, before signing it. The agreement must also be in writing and signed by both parties. Each party's legal practitioner must provide a signed statement confirming that the advice was given, and that statement must be exchanged between the parties. Failure to comply with these requirements can render the agreement unenforceable. A binding financial agreement under section 90C can address the division of property and financial resources if the marriage breaks down. Once a valid binding financial agreement is in place, it operates to exclude or limit the jurisdiction of the Federal Circuit and Family Court of Australia (FCFCOA) to make property settlement orders under Part VIII of the Family Law Act 1975 (Cth), to the extent that the agreement deals with those matters. This is a powerful effect that makes the independent legal advice requirement critically important — the parties are giving up significant court-based rights. Full and frank financial disclosure is essential. Both spouses must make complete disclosure of their assets, liabilities, financial resources and income to each other before signing. Courts have been willing to set aside binding financial agreements where one party failed to disclose a material asset or liability. The disclosure should include all real property (with estimated values), superannuation interests (with estimated balances), investment accounts, bank accounts, business interests, vehicles, personal property and all debts. Superannuation is treated separately under Australian law. Superannuation interests are not automatically part of the property pool; they are regulated under Part VIIIB of the Family Law Act 1975 (Cth), which permits superannuation splitting between spouses on separation or divorce. A postnuptial agreement can address superannuation by specifying how superannuation interests will be split or retained, but any actual splitting must be implemented in accordance with the Superannuation Industry (Supervision) Act 1993 (Cth) and with the consent of the relevant superannuation fund trustee. Spousal maintenance under Part VIII of the Family Law Act 1975 (Cth) can also be addressed in a postnuptial agreement. Parties may agree to waive any right to spousal maintenance, or they may specify a maintenance amount or formula. However, a court retains the power to override a maintenance waiver in certain circumstances, particularly where enforcing it would cause a party hardship. A court may set aside a binding financial agreement under section 90K of the Family Law Act 1975 (Cth) in limited circumstances: where the agreement was obtained by fraud (including non-disclosure of material matters), duress, undue influence or unconscionable conduct; where the agreement is void, voidable or unenforceable; where there has been a material change in circumstances — including a change relating to the care of a child — that makes it impracticable for the agreement to be carried out; or where a party will suffer hardship if the agreement is enforced. An agreement that complies with all formalities and was made after full disclosure, with genuine independent legal advice on both sides, is far less likely to be set aside. A postnuptial agreement is one of the most important legal documents a married couple can have in place. It provides certainty about financial outcomes in the event of separation, protects pre-marital and inherited assets, and can significantly reduce the cost and acrimony of a financial settlement if the marriage does break down.
Prenuptial Agreement — Binding Financial Agreement (Australia)
An Australian prenuptial agreement is formally known as a Binding Financial Agreement (BFA) made before marriage under section 90B of the Family Law Act 1975 (Cth). It is a legally recognised private contract that allows two people who intend to marry to agree, before the marriage takes place, on how their property, superannuation, and financial resources will be dealt with in the event the marriage breaks down. Under section 90B of the Family Law Act 1975 (Cth), parties to an intended marriage may make a BFA about the following financial matters: how all or any of the property or financial resources of either or both of the parties at the time the agreement is made, or any property or financial resources that either or both of them may acquire after the agreement is made, are to be dealt with; and the maintenance of either party during or after the marriage. This is a very broad scope of coverage — a properly drafted prenuptial BFA can protect pre-existing assets (including a family home, business interests, investment portfolios, and existing superannuation), set rules for how jointly acquired assets will be treated, and limit or define maintenance obligations. The critical requirement that makes a BFA legally binding under Australian law is found in section 90G(1)(b) of the Family Law Act 1975 (Cth). Before the agreement is signed, each party must receive independent legal advice from a separately instructed Australian legal practitioner — a solicitor — about the effect of the agreement on the rights of that party and whether it is to the advantage of that party to make the agreement. Each solicitor must then provide a signed statement confirming that this advice was given, and a copy of that statement must be given to the other party. Without compliant independent legal advice certificates from two separately instructed solicitors, the agreement will not be binding. The requirement for two separate solicitors is not merely a formality. The Family Court of Australia and the Federal Circuit and Family Court of Australia have, on numerous occasions, invalidated prenuptial agreements because the legal advice was deficient — for example, because one solicitor advised both parties, because the certificate was signed after the agreement, or because the advice given was too general or inadequate. The solicitor's certificate is therefore a substantive requirement, not a rubber stamp. Full and frank financial disclosure is another cornerstone of a valid prenuptial BFA. Non-disclosure of a material financial matter is one of the grounds on which the Federal Circuit and Family Court may set aside the agreement under section 90K of the Family Law Act 1975 (Cth). Both parties should disclose all significant assets (including real property, bank accounts, superannuation, business interests, and inheritances expected), liabilities (mortgages, loans, HECS-HELP debts), and income at the time the agreement is made. The schedules of assets and liabilities should be as comprehensive and accurate as possible. A prenuptial BFA can deal with superannuation interests under Part VIIIB of the Family Law Act 1975 (Cth), which allows parties to agree on the splitting of superannuation without a court order. Including superannuation provisions in a BFA requires compliance with additional requirements including identifying the fund and member details, and specifying the base amount or percentage to be split. Superannuation provisions in a BFA are complex and require specialist advice. Spousal maintenance may also be addressed in a prenuptial BFA under section 90B read with section 90E. However, section 90E provides that any maintenance exclusion clause is void to the extent that, at the time it is to be enforced, its operation would result in a party being unable to support themselves without receiving an income-tested pension, allowance, or benefit. This means a blanket exclusion of maintenance will not be enforced in circumstances where one party would otherwise be destitute — for example, following a disability acquired during the marriage. A prenuptial BFA does not deal with parenting arrangements for children. Arrangements for the care and welfare of children remain subject to the court's jurisdiction under Part VII of the Family Law Act 1975 (Cth), and cannot be removed from that jurisdiction by a financial agreement. This template provides a comprehensive foundation for a prenuptial Binding Financial Agreement. However, because of the mandatory requirement for independent legal advice from two separate solicitors and the strict formal requirements under section 90G, this template must be reviewed and finalised with the assistance of two separately instructed Australian solicitors before it can operate as a legally binding document. Using this template as a starting point can significantly reduce the time and cost of solicitor preparation.
Separation Agreement (Australia)
Create an Australian Separation Agreement covering property settlement under s79 FLA, parenting arrangements under Part VII FLA, child support under the Child Support (Assessment) Act 1989, spousal maintenance, superannuation splitting under Part VIIIB, and debt allocation. Suitable for married couples and de facto couples separating in all Australian states and territories.
Superannuation Splitting Agreement (Australia)
Create a Superannuation Splitting Agreement under Part VIIIB of the Family Law Act 1975 (Cth) to divide superannuation interests between separating spouses or de facto partners. Covers percentage and base amount methods, fund notification, and independent legal advice requirements. Suitable for APRA-regulated funds and SMSFs.
Temporary Guardianship Form (Australia)
Create a Temporary Guardianship Form for Australia to appoint a short-term guardian for a child. Covers parental consent, guardian authority, duration, medical decisions, and emergency powers under Australian family law.
Vehicle Hire Agreement (Australia)
A Vehicle Hire Agreement (also called a Car Rental Agreement or Motor Vehicle Hire Contract) is a written contract between the owner of a vehicle (the hire company or individual owner) and the person hiring the vehicle (the hirer) that records the terms on which the vehicle is rented for a specified period. It covers the vehicle description, the hire period and charges, the damage excess and any excess reduction options, the authorised drivers, geographic restrictions, prohibited uses, the hirer's obligations regarding fuel and condition, and the parties' rights and obligations upon return of the vehicle. Vehicle hire transactions in Australia are regulated by a combination of Commonwealth and state legislation. The Australian Consumer Law (ACL) — Schedule 2 of the Competition and Consumer Act 2010 (Cth) — is the primary Commonwealth framework and applies to all consumer hire transactions. It prohibits misleading and deceptive conduct, unfair contract terms, and requires that mandatory charges be disclosed upfront. In New South Wales, the Motor Dealers and Repairers Act 2013 (NSW) regulates motor vehicle dealers and repairers, and certain aspects of vehicle hire by motor dealers may be captured by this legislation. The Personal Property Securities Act 2009 (Cth) (PPSA) and the Personal Property Securities Register (PPSR) are also relevant to vehicle hire — in particular for longer-term or fleet hire arrangements where a PPSR registration may be appropriate to protect the owner's interest in the vehicle. Under the Australian Consumer Law, consumer guarantees apply to vehicle hire transactions where the hirer is a consumer (an individual or a business whose annual turnover is under $100,000, who is hiring the vehicle for personal, domestic, or household use, or for use in connection with a business). The key consumer guarantees relevant to vehicle hire are: the guarantee that the vehicle is of acceptable quality (roadworthy, safe, free from defects, and fit for the purpose of road travel); the guarantee that the services (the hire) will be provided with due care and skill; and the guarantee that the hirer will have undisturbed possession of the vehicle for the hire period. These guarantees cannot be excluded by the hire agreement. Damage excess arrangements are a central feature of Australian vehicle hire agreements. A standard damage excess (also called a damage liability excess or DLE) is the maximum amount the hirer is responsible for paying in the event of damage to the vehicle, a single-vehicle accident, or theft during the hire period. Many hire companies offer an excess reduction option (ERO) or a damage liability waiver (DLW) — an optional daily fee that reduces the standard excess to a lower amount (sometimes zero). However, damage waivers are not insurance policies and typically contain significant exclusions — for example, they do not cover single-vehicle rollovers, underbody damage, overhead damage, damage to tyres and windscreens, or damage occurring while the vehicle is driven by an unauthorised driver or while the driver is under the influence of alcohol or drugs. The ACCC and state consumer protection agencies have published guidance reminding hire companies of their obligations to clearly disclose exclusions from excess reduction products. Compulsory third-party (CTP) insurance is mandatory for all registered motor vehicles in Australia under state legislation (e.g., the Motor Accidents Injuries Act 2017 (NSW), the Transport Accident Act 1986 (VIC)). CTP insurance covers personal injury liability to third parties but does not cover property damage to other vehicles or property, and does not cover the hire company's vehicle. Hirers should be aware that CTP insurance does not provide comprehensive coverage, and they should consider whether they hold or need additional personal vehicle insurance or travel insurance that covers hire vehicle damage. The Personal Property Securities Register (PPSR) may be relevant to vehicle hire in two contexts. First, before putting a vehicle on hire, the hire company should conduct a PPSR search to ensure there is no registered security interest over the vehicle that could affect the hirer. Second, for longer-term hire arrangements (exceeding two years), the hire agreement itself may need to be registered on the PPSR to protect the owner's title against third party claims. GST at 10% applies to vehicle hire charges, and the owner must issue a valid tax invoice. Hirers who are GST-registered and hire vehicles for business purposes can generally claim the GST as an input tax credit. Unfair contract terms provisions in the ACL protect small businesses and consumers from standard form contracts (including vehicle hire agreements) that contain terms that cause a significant imbalance in the parties' rights and obligations, are not reasonably necessary to protect a legitimate business interest, and would cause detriment if applied. Hire companies should ensure that their damage excess and waiver terms, late return fees, and liability exclusions are clearly explained and are not unfair under the ACL.
Child Support Agreement Brazil (Acordo de Pensão Alimentícia)
A Child Support Agreement (Acordo de Pensão Alimentícia) for Brazil — governed by Código Civil Arts. 1.694–1.710 and Lei 5.478/1968 (Lei de Alimentos), establishing the alimentary obligation between parents and children or between ex-spouses, with monthly value, payment terms, and adjustment clauses, subject to enforcement by the Vara de Família.
Stable Union Agreement Brazil (Contrato de União Estável)
A Stable Union Agreement (Contrato de União Estável) for Brazil — governed by Código Civil Arts. 1.723–1.727, formalising a stable union (união estável) between partners with property regime selection, rights and duties, and provisions for dissolution, recognised as a family entity under Art. 226 §3 of the Constituição Federal 1988.
Emancipation of Minor Brazil (Emancipação)
An Emancipation of Minor (Emancipação) for Brazil — governed by Código Civil Art. 5°, parágrafo único, granting full legal capacity to a minor before age 18 through voluntary parental declaration or judicial decree.
Paternity Acknowledgment Brazil (Reconhecimento de Paternidade)
A Paternity Acknowledgment (Reconhecimento de Paternidade) for Brazil — governed by Lei 8.560/1992 and Código Civil Arts. 1.607 to 1.617, formally establishing legal filiation between father and child through voluntary declaration.
Adoption Consent Form (Canada)
Create a Canadian Adoption Consent Form for the voluntary relinquishment of parental rights. Covers consenting parent identification, child information, adoptive parent details, Indigenous heritage disclosure, revocation rights under provincial Adoption Acts, and post-adoption contact provisions.
Parenting Agreement / Child Custody Agreement (Canada)
Create a comprehensive Canadian Parenting Agreement covering decision-making responsibility, parenting time schedules, child support under the Federal Child Support Guidelines, and relocation provisions. Uses the 2021 Divorce Act terminology replacing 'custody' with 'decision-making responsibility' and 'access' with 'parenting time.'
Child Support Agreement (Canada)
Formalize child support obligations with a Canadian Child Support Agreement based on the Federal Child Support Guidelines (SOR/97-175). Covers table amounts, s. 7 expenses, shared parenting offsets, income disclosure, and annual review provisions.
Childcare Agreement (Canada)
Create a comprehensive Canadian Childcare Agreement compliant with provincial childcare licensing laws, the Criminal Records Act (vulnerable sector checks), and PIPEDA. Covers child details, care schedule, fees, health and safety, background checks, privacy, duty to report, and termination.
Codicil to Will (Canada)
Amend or update your existing Will in Canada with a legally valid Codicil. Add, remove, or change specific provisions without rewriting your entire Will, in compliance with provincial Succession Law Acts and the Wills, Estates and Succession Act.
Cohabitation Agreement (Canada)
Define property rights and financial obligations with a Canadian Cohabitation Agreement. Essential for common-law partners as rights vary significantly by province — BC grants full property rights after 2 years while Ontario does not.
Custody Agreement (Canada)
Create a comprehensive Canadian Custody Agreement covering decision-making responsibility, parenting time schedules, child support under the Federal Child Support Guidelines, section 7 special expenses, relocation provisions, and right of first refusal. Aligned with the 2021 Divorce Act amendments.
Temporary Custody Agreement (Canada)
Create a Canadian Temporary Custody Agreement establishing short-term custody arrangements for minor children. Covers temporary decision-making authority, child contact provisions, limitations on the custodial parent, and child support obligations under the Federal Child Support Guidelines.
Divorce Petition (Canada)
A divorce petition document for Canadian spouses seeking dissolution of marriage under the federal Divorce Act. Covers grounds for divorce, corollary relief claims, and required court filing information.
Separation Agreement — Divorce (Canada)
Resolve property division, spousal support, child arrangements, and debt allocation with a Canadian Separation Agreement. Covers equalization of net family property (Ontario), family property division (BC), Miglin enforceability standards, and SSAG spousal support formulas.
Domestic Partnership Agreement (Canada)
Create a comprehensive Canadian Domestic Partnership Agreement for common-law partners covering property division, joint bank accounts, debt allocation, household expenses, insurance, spousal support, inherited property, and termination provisions under provincial family law.
Domestic Partnership Termination Agreement (Canada)
Formally terminate a common-law or domestic partnership in Canada. Covers property division, spousal support, debt allocation, and final separation terms under provincial family law legislation including Ontario's Family Law Act and BC's Family Law Act.
Financial Statement for Family Law (Canada)
Create a Canadian Financial Statement for Family Law Proceedings covering income, expenses, assets, and liabilities for child support (Federal Child Support Guidelines SOR/97-175), spousal support, and property division applications. Includes section 7 special expenses and sworn declaration.
Letter of Intent to Marry (Canada)
Create a Canadian letter of intent to marry in compliance with the Civil Marriage Act and provincial marriage licensing requirements. Covers purpose, relationship details, financial arrangements, and governing law. Suitable for all provinces and territories.
Parental Consent Form (Canada)
Provide written parental consent for your child's participation in activities, medical treatment, travel, or media use. Compliant with the Health Care Consent Act, PIPEDA privacy law, and the mature minor doctrine recognized by the Supreme Court of Canada.
Parental Responsibility Agreement (Canada)
Create a professional Parental Responsibility Agreement under Canadian law. Covers decision-making responsibility, parenting time, child support under the Federal Child Support Guidelines, the best-interests-of-the-child standard under the Divorce Act, relocation notice requirements, Hague Convention compliance, provincial family law references, and dispute resolution through family dispute resolution processes.
Parenting Plan (Canada)
Create a comprehensive Parenting Plan in Canada covering custody arrangements, parenting time schedules, decision-making responsibilities, and child support provisions compliant with the federal Divorce Act and provincial family law legislation.
Parenting Time Schedule (Canada)
A detailed parenting time schedule for separated or divorced Canadian parents, establishing a structured timetable for regular parenting time, holidays, vacations, and special occasions under the Divorce Act 2021 amendments.
Pet Custody Agreement (Canada)
Establish a clear Pet Custody Agreement in Canada when separating couples divide responsibility for shared pets. Covers primary residence, care schedule, veterinary decisions, and costs under Canadian property and family law principles.
Postnuptial Agreement (Canada)
Create a legally binding postnuptial agreement (marriage contract) under Canadian family law. Covers property division, spousal support, financial disclosure, and debt allocation with references to the Ontario Family Law Act, BC Family Law Act, and the Divorce Act (Canada).
Marriage Contract / Prenuptial Agreement (Canada)
Protect your assets and define property rights with a Canadian Marriage Contract (Prenuptial Agreement). Addresses property division, spousal support, and financial disclosure under provincial family law statutes including Ontario FLA s. 52 and BC Family Law Act.
Daycare Service Contract (Canada)
Create a Canadian daycare service contract covering child care terms, fees, schedules, pickup authorization, health policies, and emergency protocols. This template addresses Child Care and Early Years Act (Ontario), Community Care and Assisted Living Act (BC), Child Care Licensing Act (Alberta), provincial licensing requirements, GST/HST on child care, CRA independent contractor rules, PIPEDA privacy compliance, and Criminal Code discipline prohibitions. Includes province selector for governing law.
Sperm Donor Contract (Canada)
Create a Canadian sperm donor contract that complies with the Assisted Human Reproduction Act (S.C. 2004, c. 2). This template references AHRA sections 7 and 12 prohibiting payment for gametes, Health Canada donor screening regulations, and provincial family law regarding parentage. Covers donor and intended parent information, donation method, health screening, expense reimbursement, anonymity preferences, and parental rights. Select your governing province and download as PDF or Word — free.
Spousal Support Agreement (Canada)
A formal agreement between separated or divorced spouses in Canada setting out the terms of spousal support (alimony) payments, including amount, duration, and variation conditions under the Divorce Act and provincial family law.
Temporary Guardianship Agreement (Canada)
Grant temporary guardianship of your minor child(ren) to a trusted adult. Covers medical consent, educational authority, emergency contacts, and financial provisions under provincial family law including the Children's Law Reform Act (Ontario) and the Family Law Act (BC).
Travel Consent Form (Canada)
Create a Canadian Travel Consent Form for minor children travelling internationally with one parent or a non-parent companion. Includes CBSA-recommended content, medical authorization, emergency contacts, Hague Convention compliance, and notarization provisions.
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