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

What to Do if You’ve Been Overpaid by Your Employer

Your employer has overpaid you. Can you keep the money? Do you have to report the overpayment? Keep reading to find out what your obligations and rights are.

What is an Incorporated Business?

There are many benefits to having an incorporated business. In this article we explore the concept and process of business incorporation.

What are Set-Off Clauses in Employment Contracts?

To set-off or not to set-off, that is the question.

How to Start a Vending Machine Business (2026 Update)

A vending machine business can be lucrative if you sell good products in the right location. Find out how to get started in this article.

What You Need to Open a Company Bank Account (2026 Update)

Australian companies are required to have a separate bank account for their business's finances. Find out how to open a company bank account here.

Is it Legal to Change an Employee’s Role?

What are the legal implications of changing an employee’s role in Australia? This guide covers your obligations as an employer and employees' rights.