Simplify your Separation: Separation Agreement Template for Married couple Australia (Financial Agreement under 90C Family Law Act 1975)
A Separation Agreement (Binding Financial Agreement 90C) is essential for married couples who have decided to separate and need to formalise the division of assets, liabilities, property, and maintenance.
This agreement allows you to decide on:
- Transfer or sale of the family home
- Sale or transfer of investment properties
- Division of assets like cars, furniture, share portfolio, and savings
- Superannuation
- Maintenance arrangements
Issues concerning child support and visiting rights are dealt with in other documents such as a Child Support Agreement and Parenting Plan.
Opting for a financial agreement over consent orders or court proceedings significantly reduces stress. These private agreements keep you in control, save time, and minimise legal fees.
Get your Marriage Separation Financial Agreement 90C Today – Immediate Download
Looking for a de facto couple separation agreement(hetero or same-sex) – you can still make a BFA under s90UD of the Family Law Act.
Already Divorced? You can make a BFA under section 90D
See more on Creating a DIY Separation Agreement
There are two parts to completing a Binding Financial Separation Agreement
Completing the draft agreement using our template kit
Completing the draft is straightforward, essentially instead of paying a lawyer to input your date into their own template, you will do it yourself.
You add all the relevant details like your assets and liabilities, how you plan to divide them and other pertinent background information such as dates, children etc. Our template kit includes a comprehensive Users Guide which walks you through the template clause by clause. And if you get stuck, we are just a phone call away.
Obtaining the Mandatory Legal Advice
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 $3,250 for both parties (unless your have a particularly complex situation).
Watch the video to see how our process works
The Separation Agreement Template kit includes:
- the Separation Agreement template – written in plain English;
- a Comprehensive User’s Guide which answers most questions;
- access to the Exclusive Members area which takes you through the process step-by-step;
- Sample agreement – so you know what the completed agreement should look like;
- Sample clauses – help you to tailor the document to your own situation – just cut and paste!;
- a Bonus Will kit because you often need to update your Will after separation.
- Complimentary Separation Agreement assessment – we check your draft agreement to ensure it’s ready for the lawyers and the mandatory Legal Advice. This is how we save you thousands of dollars in legal fees.
- Access to fixed price Legal Advice so you can get your agreement certified without spending a fortune.
Five Simple Steps to a Legally Binding Financial Agreement
- Download the Kit: Only $147
- Insert Your Information: Fill in details about assets, liabilities, and division plans
- Submit for Assessment: We review your draft for completeness
- Obtain Fixed Price Legal Advice: Get the required Legal Certificate of Advice
- Sign the Agreement: Finalise your legally binding document
It really is that simple!
Take Control of Your Separation Today – Buy the Separation Agreement Kit Now and Simplify Your Path Forward.
Buy Marriage Separation Financial Agreement 90C – immediate download
Satisfaction Guaranteed – Our Promise to You
If for any reason you are not completely satisfied with your purchase or our service, please phone our office on 1800 608 088 within seven (7) days of purchase and we will rectify the situation, issue a refund, or offer a credit towards future purchases.
Case Studies
The following case studies have been summarised – you can view their full stories at our sister site financialagreements.com.au
Chris’s Story: A Repeat Customer
Chris and his fiancée are preparing to marry, and he shared his experience with RP Emery’s services via email on September 10, 2019.
Having previously used RP Emery’s services in 2011 during his separation from his first wife, Chris found their Pro-forma Separation Agreement (Binding Financial Agreement) to be straightforward and effective. There were no disputes regarding their children, and both parties agreed to joint parental custody.
Complications arose when Chris’s ex-wife’s mother insisted on involving a Sydney family solicitor, leading to an extensive and costly legal process. Living overseas, Chris had to arrange a local solicitor, resulting in protracted and frustrating communications through legal channels. Eventually, after five months, they formulated an agreement similar to the initial RP Emery draft, but with significant legal expenses—Chris’s legal fees were about $13,000, and his ex-wife’s were over $18,000 due to extensive interactions with her mother’s lawyer.
Despite the challenges, the final division of resources matched their original agreement. Appreciating the efficiency and cost-effectiveness of RP Emery’s services, Chris returned to them for a Binding Financial Agreement before his upcoming marriage. This time, without external interference, the RP Emery document met their needs perfectly, avoiding the high costs of custom legal drafting.
Read More Success Stories: Visit our sister site financialagreements.com.au
Natalie’s Story
In December 2017, Natalie, who separated from her husband in August, sought a cost-effective way to formalize their agreement. Initially, she downloaded a blank separation agreement form, filled it in, and her ex-husband took it to a lawyer. The lawyer’s estimate of $10,000 to $50,000 and his insistence on a custom agreement caused her ex-husband significant distress.
Seeking an alternative, Natalie discovered RP Emery’s “Peaceful Path” ebook. They found this option appealing as it avoided the high costs and potential conflicts associated with multiple lawyers. After deciding to proceed with RP Emery, they downloaded the separation agreement kit, which provided clear, easy-to-follow instructions.
The process was efficient, with Ian from RP Emery following up to ensure their comfort. Natalie appreciated the simplicity and convenience of the service, which allowed them to complete the agreement at home without needing to visit multiple lawyers. The entire process was straightforward, stress-free, and compatible with their full-time work schedules.
Sample Excerpt of the Separation Agreement
Sample 2 Shows Sale of Property Clauses.
Take Control of Your Separation Today – Buy the Separation Agreement Kit Now and Move on with Your Life.
Buy Marriage Separation Financial Agreement 90C - immediate downloadWatch this video showing how our system works
Frequently Asked Questions
Q: What is the difference between a Financial Agreement and a Separation Agreement?
A: In Australia, both terms refer to the same legally binding contract under the Family Law Act 1975, outlining the division of assets and liabilities after a relationship ends.
Q: Is a DIY Separation Agreement legally binding?
A: Yes, provided it complies with the Family Law Act requirements, including independent legal advice for both parties and proper documentation.
Q: What does the RP Emery Separation Agreement Kit include?
A: The kit offers a plain English template, user guide, sample clauses, bonus Will kit, members area access, agreement assessment, and fixed-price legal advice.
Q: Do I need to disclose all my assets in the agreement?
A: Full disclosure is crucial. Omitting assets can lead to the agreement being invalidated.
Q: Can a Separation Agreement be set aside by the Court?
A: Yes, if issues like fraud, duress, or significant unforeseen changes arise, a court may nullify the agreement. However it is up to the party who is contesting the agreement to take it to court and they need to prove that these factors were an issue when the agreement was made.
Q: Why do I need to get legal advice?
A: To make your Separation Agreement legally binding under the Family Law Act, both parties must receive independent legal advice before signing. This ensures that you fully understand the terms of the agreement, the effect of signing it, and the advantages or disadvantages of making the agreement. Without legal advice, the agreement will not be enforceable in court. RP Emery offers access to experienced independent lawyers at a fixed price to make this process straightforward and affordable.
Q: What if I need to split Superannuation?
A: If superannuation is part of your asset pool, you’ll need a separate document known as a Superannuation Agreement. This document outlines how super entitlements will be split and complies with specific legislative requirements. If splitting super, your Superannuation fund will need to approve your agreement before you get the required advice and sign the agreement Our Superannuation Agreement Kit makes this process easy and includes step-by-step guidance. Learn more here: Superannuation Agreement Kit
Q: What if we are already divorced?
A: If you’ve already finalised your divorce, you’ll need to use a Financial Agreement made under section 90D of the Family Law Act. This type of agreement is specifically designed for people who are divorced but need to formalise how property, assets, and liabilities will be divided. You can find our Divorce Settlement Agreement Kit here: 90D Divorce Agreement Kit
Q: What if we are a de facto couple?
A: If you’re in a de facto relationship (not legally married), you can still formalise your property settlement through a legally binding Financial Agreement made under section 90UD of the Family Law Act. Our De Facto Separation Agreement Kit is tailored to suit these relationships and includes everything you need to protect your interests. View the kit here: De Facto Separation Kit
