Enforceable Deed Of Settlement

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Summary

A Deed of Settlement and Release in Victoria must include identification of parties, clear terms, signatures, and consideration. It can be unenforceable if it involves illegal activities, coercion, fraud, undue influence, or if parties lack capacity. All parties do not need to sign on the same date, but all must sign for it to be enforceable. While an original copy is not required for enforceability, it is recommended for record-keeping.

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what must be on a deed of settlement and release to make it enforceable and what can make it not enforceable
For a Deed of Settlement and Release to be enforceable in Victoria, it generally needs:
- Identification of parties involved
- Clear terms & conditions
- Both parties' signatures
- Consideration (something of value exchanged)
It can be unenforceable if:
- It involves illegal activities
- There's coercion, fraud or undue influence
- Parties lack capacity (e.g., minors, mentally incapable)
- Breach of certain statutory rights.
does the date that it was signed have to be the same date for all the parties signatures
In Victoria, it's not necessary for all parties to sign a Deed of Settlement and Release on the same date. However, it's crucial that all parties sign before it can be enforced.
do I need to obtain a copy for myself that is an original copy for it to be enforceable
In Victoria, it's not necessary to have an original copy of the Deed of Settlement and Release for it to be enforceable. However, it's highly recommended for record-keeping and reference purposes.