A Separation Agreement (or Binding Financial Agreement 90C) is used when a married couple has agreed to separate and they wish to formalise the terms regarding the division of Assets, Liabilities, Property and Maintenance.
If you are a De facto couple (hetero or same-sex) and not married you can still make a FA under s90UD of the Family Law Act.
Divorced couples can make a FA under section 90D
See our commonly asked questions or FAQ’s about Separation Contracts.
This comprehensive kit has been drafted to comply with section 90C of the Family Law Act 1975 and provides all the guidance you need to create a legally binding, protective Separation Agreement.
Important note: Under the Family Law Act this document is binding only when it is signed by both parties and contains a certificate confirming that each party has obtained independent legal advice prior to signing the agreement.
Our financial agreement review service is available to assist you in completing the legal advice component of your FA at a LOW FIXED RATE of just $ for both parties (unless your have a particularly complex situation).
Sample 2 Shows Sale of Property Clauses.