Memorandum of Understanding

Table of Contents

Share at:

A Memorandum of Understanding (MOU) is the sort of document you might scrawl on a bar napkin, outlining the next big innovation after a late evening. It’s a memorandum of understanding, a legal term that is a non-legally binding precursor document that records proposed terms between two parties during the negotiation stage. It is useful in recording what is to be included in the proposed agreement.

MOUs specify mutually-accepted expectations between two or more people or organisations as they work toward a common objective.

Want to create your own memorandum of understanding for free? Sign up with Lawpath today and get started!

Touchstones of MOUs:

  • Generally not legally binding (however can specify certain clauses to be binding within MOU);
  • They don’t deal with the exchange of money.

The reasoning as to why this document is generally not binding is due to the fact that neither party wants to deal with the ramifications of a binding agreement. If they were to seek this assurance of binding nature, they would seek out a ‘contract’.

A competent construction of an MOU will generally reflect diplomatic and creative analytical thinking. The document will also provide a mutually beneficial foundation that both entities can work from to achieve shared goals.

Get a free legal document when you sign up to Lawpath

Sign up for one of our legal plans or get started for free today.

What does a Memorandum of Understanding cover?

  • Details of the proposed agreement;
  • Obligations of both parties;
  • Consideration for the proposed agreement;
  • Options to include clauses for confidentiality, non-solicitation and/or exclusivity obligations.

You can easily create an MOU with LawPath in under 10 minutes.

Don't know where to start?

Contact us on 1800 529 728 to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Memorandum Of Understanding vs Letter Of Intent Differences

Memorandums of understanding and letters of intent differ largely in regards to their legality. Read our article to find out which one you need.

Do I Have to Pay Stamp Duty on a Trust Deed? (2026 Update)

To set up a trust you'll need to lodge a trust deed. Depending on your state or territory, you may need to pay stamp duty on it.

How Much Tax Should I Pay on My ABN? (2026 Update)

If you have an ABN as a sole trader, you will have to pay tax on your individual income. Find out the rules.

Is Driving Without Shoes Illegal in Australia?

Although driving without shoes may be the more comfortable option, it's something you may want to think twice about. Learn what the rules are here.

What is Performance Management?

What is Long Service Leave in Queensland?

Want to take some time off? Here's what you need to know about long service leave in Queensland.