Please change your location to view this page.
This page contains content that does not match your current location
An Memorandum of Understanding (MOU) will typically be used in the not-for-profit sector when organisations wish to co-operate or share information with each other, allowing each to make the most of the other's specialist skills or knowledge.
Before reading on, make sure you read our guide to working with other organisations, which you can download from our Working with Others webpage.
An MOU will typically establish a framework for the collaboration between the organisations and express the common goals or vision of the parties to the MOU. In general, an MOU will not deal with the specific details of particular projects. An MOU is therefore usually more of a 'high level' agreement.
An MOU is generally considered ‘an agreement to agree’ or an agreement to enter into a more specific and comprehensive contract or agreement at a later time after further negotiations. However, this is not always the case. To help avoid any uncertainty about whether an MOU is legally binding, your organisation should make sure the MOU contains a specific statement to the effect that it is not intended to create legally binding obligations. If you need to rely on the other organisation taking certain actions or if your organisation stands to lose money if the other party doesn’t act – your organisation should enter into a contractual arrangement.
The information on this website is intended as a guide only, and is not legal advice. If you or your organisation has a specific legal issue, you should seek advice before making a decision about what to do.
More detailed information is contained in our fact sheet below regarding:
- what is an MOU and when should an MOU be used?
- what issues will an MOU cover?
- what are your obligations under an MOU?
- is an MOU a legally binding document – like a contract?
- can you have an MOU that is part binding?
Many community organisations require an MOU to formalise working together or other joint objectives.
This base template provides an example of the way an MOU can be set out and the types of details it may include.
Health Justice Australia - Entering into a health Justice partnership: Memorandum of understanding resource kit: This kit includes a template MOU with inbuilt alternatives to suit a broad range of situations.
Make an enquiry
Our lawyers are experts in not-for-profits. Your organisation may be eligible for our free legal advice service. To find out, please complete the online enquiry form below. Using the online form is the quickest and easiest way for us to deal with your enquiry and means that we can respond to you sooner (usually within 48 business hours) and let you know how we might be able to assist. Find out more information about eligibility on our Legal Advice page.