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.
There are two parts to completing a Binding Financial Separation Agreement
Completing the draft agreement using our Separation BFA Planner 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).
A word of warning
If you do decide to download a document from the internet, only a document drafted to comply with Australia’s Family Law Act 1975 and reviewed by an Australian lawyer will protect you. If you can’t speak in person to the staff of the company making the offer, proceed with caution.
On the other hand, if you want to speak with us, all you have to do is pick up the phone and call 1800 608 088.
This video explains how our system works.
Fixed Pricing — No Nasty Surprises
| Step | What’s Included | Price (inc GST) |
|---|---|---|
| 1. BFA Planner | Download, complete, and submit the BFA Planner – categories and approximate values only, no exact account numbers needed. Yours to keep regardless of what happens next, along with your User’s Guide, Process Guide, and bonus Will Kit. | $49 |
| 2. Submit & Confirm | We check we’ve understood your situation and intentions before anything proceeds – catching any gaps early, before you commit to the next stage. | Complimentary |
| 3. Fine-Tune | Your matter formally begins with a single payment covering everything that follows. We work through the finer detail together by phone and email – the points people often miss – getting your agreement ready for final Legal Review. | $3,250 |
| 4. Legal Review | Both parties receive legal advice and certification from two independent lawyers, one for each of you. This is required to make your financial agreement binding. | Included |
| 5. Sign | Once your lawyers are satisfied, you’ll receive the finalised version to sign. | — |
| Total Cost for Two People | $ | |
| $ covers most couples. If your situation involves something more complicated – multiple companies or family trusts, multiple businesses – there may be an additional fee. We will tell you what it is before you pay anything beyond the $49, not after. | ||
“Hi Ian, I can’t thank you enough for the great service I received from you and your team. When I had queries, I received prompt replies. Several times you replied by telephone. This is unheard of from most online businesses. I am also grateful for the amount of money I saved, unbelievable. I have no hesitation in recommending you to family and friends.”
– John V
Quick Answers Before You Start
Can we do everything remotely? Yes – entirely. The kit is downloaded instantly. Your completed BFA Planner is submitted online. The solicitor appointments are conducted by phone or Zoom. You never need to visit an office. This works just as well whether you’re in the same city or on opposite sides of the country.
What if we have superannuation to divide? The BFA Planner covers superannuation too. Note that super splitting involves an additional step: your super fund needs to approve the draft superannuation agreement before you proceed to the Legal Advice stage. We’ll guide you through this.
Is the Certificate of Legal Advice guaranteed? In the vast majority of cases, yes. In rare circumstances a solicitor may identify a concern – such as evidence of duress or undisclosed assets – that prevents them from issuing the Certificate. If this occurs we’ll discuss it with you directly. It happens very rarely, but we believe in being upfront about it.
Get Started with a Separation Agreement Kit- Just $49
Forget Legal Jargon and blank legal Forms
Getting started here means answering a set of plain-English questions about your situation – in your own words, at your own pace.
We’ll ask about what you own and owe: property, super, savings, debts, vehicles, etc, and how you wish to divide it.
The completed BFA Planner is yours to keep and serves as a properly organised record of your property and finances, which is what a thorough property settlement needs.
It’s a Word document you can save, step away from, and come back to. Nothing is sent anywhere until you choose to send it – so there’s no pressure to have every answer ready before you start.
When you do send your completed Planner to us for review, that’s what gets things moving. Your answers are used to build your draft Financial Agreement, drawing on the framework we’ve refined across thousands of BFAs since 2009 – reviewed personally by our team.
Then our team will be in touch. If your arrangement fits within the scope of the Legal Review Service, we’ll confirm it and talk you through what happens next; if it isn’t quite there yet, we’ll explain why and what still needs sorting.
If it’s ready to proceed, a single payment of $3,250 gets your matter formally underway, and covers everything from that point to signing. From there, we work through the finer detail together by phone and email – the points people often miss – getting your agreement ready for the legal advice stage.
Then two independent lawyers, one for each of you, provide the advice and certification the Family Law Act 1975 requires. Your lawyer will finalise your agreement and provide the final version ready for signing.
Get Started with a Separation Agreement Kit- Just $49
“Everything that was promised was delivered. The process was extremely easy to follow, excellent service by Ian when I needed specific information and more importantly stress free! Timeframe was short and the Lawyers that were assigned were equally as prompt and helpful.”
– Alison B.
How to Obtain the Required Legal Advice at a Fixed Price
Important note: under the Family Law Act 1975, a financial agreement 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 agreement at a low fixed rate of just $3,250 for both parties.
A Look at What We Actually Ask
No dense legal clauses to wade through here – just plain questions about your situation, with enough detail to meet the law’s disclosure requirements and no more. Below is a look at a few sample questions from the questionnaire, so you can see how the document is set out.
You can use this Separation Kit if you are separated (married or de facto), divorced or splitting Superannuation. This Kit covers all scenarios.
In a nutshell, we work with you from start to finish. From the moment you download your agreement to the final signature. We know our stuff, our systems are finely tuned and our customers love us for it.
Get Started with a Separation Agreement Kit- Just $49
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.
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 Australian legislative requirements, including independent legal advice for both parties and proper documentation.
Q: What does the RP Emery Separation Agreement Kit include?
A: The Agreement Kit includes the BFA Planner – a set of plain-English questions about your situation, which you answer in your own words at your own pace – plus a comprehensive User’s Guide, a step-by-step Process Guide, a bonus Will Kit, members’ area access, a complimentary review of your submitted Planner, and access to fixed-price legal advice from independent family law specialists.
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 1975, 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’s Legal Review Service connects you with experienced independent lawyers at a fixed price, making this process straightforward and affordable.
Q: What if I need to split Superannuation?
A: If superannuation is part of your asset pool, your agreement needs to include specific superannuation provisions to meet the legislative requirements for splitting super. You’ll complete the same BFA Planner – once we know super is involved, the agreement built from your answers includes those provisions. Your superannuation fund will still need to approve the agreement before you get the required legal advice and sign. Our Superannuation Agreement Kit covers what’s specific to that extra approval step.
Q: What if we are already divorced?
A: If you’ve already finalised your divorce, your agreement needs to be made under section 90D of the Family Law Act 1975 instead of during separation. You’ll complete the same BFA Planner – once we know your divorce is finalised, the agreement built from your answers is the correct 90D version.
Q: What if we are a de facto couple?
A: If you’re in a de facto relationship (not legally married), your agreement is made under section 90UD of the Family Law Act 1975 instead. You’ll complete the same BFA Planner – it asks about your relationship type, and the agreement built from your answers is the correct 90UD version.
