AUSTRALIAN SEPARATION AGREEMENT TEMPLATE (2024)
How To Securely Divide Assets With Your Ex-Partner In Less Than 1 Hour And Without Paying $1000s To Lawyers
- Also Known as a Binding Financial Agreement
- For De Facto, Married or Same Sex Couples in Australia
- No Legal Knowledge Required
- Easy and Quick to Fill In
- Prepared by Top-Tier Australian Lawyers
- Finalise Before Waiting 12 Months for a Divorce (If Married)
- Avoid Lengthy and Expensive Litigation
WHAT IS A SEPARATION AGREEMENT?
When a relationship ends, there can be a lot of uncertainty with regards to 1) how to split up assets, 2) who will pay previously joint bills and 3) if there are children involved, who will look after them.
A Separation Agreement (known as a binding “Financial Agreement” under the Family Law Act) takes care of all of that. It is a legally binding contract that states how two former partners have agreed to divide their property, other assets and debt, and can contain provisions for child support and maintenance (if required).
By having a written record of what you agreed between yourselves, it provides protection and certainty, and therefore prevents any future arguments. Furthermore, as courts cannot override the contents of a legally binding financial agreement (only in extenuating circumstances), a Separation Agreement prevents any future court action.
NB. If you are filing for a divorce, you don’t have to wait the 12 months required for a divorce and can agree your financial separation as soon as you’ve decided to stop living together.
SHOULD YOU USE A LAWYER TO DIVIDE YOUR ASSETS? HERE’S THE TEST...
Obviously no one wants to use a lawyer if they don’t have to, since lawyers have a tendency to charge high hourly rates, pit couples against each other in an adversarial way and generally make things considerably more stressful than they should be.
But in some separations, lawyers are unavoidable, e.g. you have several family trusts with beneficiaries spread across your family and your ex-partners, each with differing claims based on complicated trust deeds etc. If this is you, then a lawyer will be needed.
By contrast, if you don’t have complicated structures like this, you most likely won’t need a lawyer in order to divide your assets – at least not until the very end of the process. To divide your assets is a lot simpler than most people think.
In fact, 95%+ of couples won’t need to rely on lawyers at all to begin with.
That means you can avoid the slow and expensive procedure of:
- Researching and deciding upon separate lawyers
- Both partners having initial lawyer appointments
- Attending numerous lawyer discovery meetings (asset/debt breakdown, future expenses etc.)
- Participating in protracted lawyer negotiation meetings
- Possible court interventions
It is a complicated, long-winded and costly process. And unnecessary for most couples. Something that should have taken a short time to complete is now drawn out for months and months. Not only is it expensive, but stressful because you cannot move on with your lives.
Furthermore, because the process is adversarial by its very nature, the minute lawyers get involved, things will often turn out nasty. (Especially if you have one lawyer more influential than the other). On top of that, by leaving your future in the hands of a 3rd party, you have given up your control too early on.
In other words, for the 95% of you who don’t need lawyers (during the initial stages) you can avoid:
- $1000s in unnecessary legal fees
- A slow, drawn out and frustrating legal process
- Months and months of stress and wasted time
- Being pitted against your ex-partner in an adversarial setting
Best of all, your goal is simple – 1) agree on how to divide your assets, 2) get this agreement in writing, and 3) have it verified by a lawyer.
So the question becomes, how can you do that without a lawyer?
A FASTER AND MORE COST-EFFECTIVE ALTERNATIVE
The answer is simple. Download a high quality Separation Agreement template (also known as a Binding Financial Agreement template), fill it in yourself using the guidance notes and then take it to a lawyer for independent verification.
By doing this preparation work yourself, you will save so much more money (legal fees) and time (meetings, negotiations, potential litigation etc). Furthermore, by avoiding the complicated legal procedures, you can do things on your own terms without the risk of anything spiralling out of control. The secret here is preparation. No matter how complicated your situation, the more you can prepare, the better.
Best of all, if you purchase a Separation Agreement template, 9 times out of 10 you will only need to have one single meeting with a lawyer – to independently proof-read and verify the agreement – and it will take less than 30 minutes.
Understand that during lawyer meetings, the majority of your time would be spent answering questions about items you already know (i.e. your financial positions, how long you have been living together etc..) It doesn’t make much sense being charged expensive hourly rates for these meetings when you can just as easily input that information into your own professional template.
The result is exactly the same – your future will be protected with a binding Separation Agreement. The difference is the time, effort, stress and money you will have saved by taking a smarter path. Most importantly, you can move on with your life, knowing that everything is legally binding and secure and confident that your future is protected.
We Are An Australian-Based Company That Specialises Exclusively In Family Law Education, Templates And Products. Our agreements have been prepared by experienced lawyers with backgrounds in top-tier law firms, who have been admitted to both the High Court of Australia and the Supreme Court of Victoria.
ABOUT BRAMPTON KEATS & THIS SITE
6 THINGS TO WATCH OUT FOR WHEN PURCHASING A SEPARATION AGREEMENT TEMPLATE
So you have made the intelligent decision and decided to first prepare your own Separation Agreement (also known as a Binding Financial Agreement) before seeing lawyers. The next step is to find the best quality Separation Agreement template on the Australian market.
The biggest thing when dealing with anything legal is trust. Because a Separation Agreement will determine your future arrangements with your former partner, it is critical that you do it properly. You do not want to make the mistake of choosing the wrong company and regretting it later.
There are a number of extremely poor products in the market, which are not easy to understand and do not provide proper guidance and instructions. We hope that the following list can help inform you and give you the confidence that you are making the right decision by purchasing your Separation Agreement template from Brampton Keats.
Here are the 6 things to watch out for when purchasing Separation Agreement templates here in Australia:
By way of an analogy – if you had a specific medical issue, who would you prefer to see: a doctor that generalises in a range of medical conditions or a doctor that specialises in just your specific medical issue? Of course it would be the latter. The same thing applies to the legal world.
If you see an Australian company that sells a range of different legal templates, always be wary. What that says is that they most likely won’t have lawyers specialising in any specific area of law (in this case, Family Law), and therefore their knowledge and final product may very well be inferior. They are more like a marketplace, and you don’t want to worry about getting some generic off-the-shelf template, that may or may not suit your needs or protect you.
Instead, look for a company that specialises solely in family law / Separation Agreements / Binding Financial Agreements. You want to be confident and have the peace of mind that you are getting specialist industry knowledge. Furthermore, if their sites aren’t comprehensive, their template agreements probably won’t be too. Worth doing, worth doing well.
Laws are constantly being updated. In the case of the Family Law Act (the applicable legislation governing Separation Agreements / Binding Financial Agreements), there have been constant amendments. You want to make sure that a company doesn’t sell you an out-of-date Separation Agreement template. If it is out-of-date, it may mean that it does not adhere to current legislation, and therefore is not enforceable.
Instead, look for a company who constantly reviews their agreements and keeps them up-to-date with current Australian legislation. To assure you, they should explicitly mention on their site that the agreement is current as of this year. You need the peace of mind that your Separation Agreement adheres to and is enforceable under current Australian legislation.
We can immediately tell when an agreement has not been prepared by a lawyer, and in our research we found many of them. Once again, when you are dealing with a legal document that is subject to statutory regulation, you need to trust that it will work and that it is enforceable.
Make sure your company explicitly mentions that they use qualified, real Australian lawyers to prepare their agreements. If they don’t mention this, assume they don’t. Having a company that uses real lawyers with real world experience will ensure that the agreements have been professionally drafted and all the necessary clauses are in place. On top of that, look for further indicators of their experience. In our case, our lawyers have even been admitted to the High Court of Australia and the Supreme Court of Victoria.
When it comes to Separation Agreements / Binding Financial Agreements, the relevant Australian law is the Family Law Act. Your agreement must comply with this law to be effective. It is easy these days for companies to outsource the drafting of their agreements overseas, meaning that it may not adhere entirely to Australian legislation, it may not use the required legal terminology, and may not be drafted in “plain English”. Furthermore, if a company is not constantly reviewing current legislation and their agreements, they run the risk of non-compliance.
Instead, look for companies with a thorough understanding of the relevant Australian legislation (Family Law Act). As mentioned in the previous points, the best thing you can do to feel confident in your decision is to look for a company that: 1) specialises specifically in Separation Agreements, 2) uses qualified, real, experienced Australian lawyers to prepare the agreement and, 3) constantly reviews the legislation and explicitly states that their agreements are up to date and compliant. This will give you the best assurance that you have made the right decision.
There is no point downloading a DIY legal template that you need a lawyer in order to understand. Unfortunately from our research, most Separation / Binding Financial Agreement templates are like this. A lot of companies in this industry expect people to have the same understanding of the law as they do, and as such leave clients high and dry the minute they actually get their agreement. The minute you receive your Separation Agreement template, you don’t want to be confused and left in the dark, frustrated by not knowing what to do.
Instead, look for companies that provide clear, simple, step-by-step instructions for each paragraph of the Separation Agreement template. Everything should be so simple and easy to understand for someone with no prior legal knowledge whatsoever. Furthermore, if they aren’t educating you via their website, they probably won’t do too good a job of educating you once you buy your template agreement. By the end of the process, you should be absolutely confident in your understanding of everything.
As part of the Separation Agreement process, you will be inputting your information within an existing template structure using your computer. This should require no technical knowledge whatsoever. The big mistake we see legal template companies make time and time again is expecting their clients to understand their formatting. It is a frustrating process, where you cannot input information in one section without changing the formatting of another. This results in a disorganised Separation Agreement, which you will then need to pay your lawyer to fix.
Instead, it should be absolutely straightforward to input information into the agreement. Everything should be quick and easy to fill out and the formatting itself understood by people with the most basic of computer skills. The whole process of filling out the Separation Agreement should take no more than 1 hour.
THE SEPARATION AGREEMENT KIT
Everything you need to create a binding Separation Agreement in Australia (known as a Binding Financial Agreement Template). Works for De Facto, Married or Same Sex Couples. Prepared by Qualified, Top-Tier Australian Lawyers.
YOU WILL RECEIVE:
- Professional Separation Agreement Template (compliant with current 2024 Australian law)
- Certificate of Independent Legal Advice (to be signed by your independent lawyers to make your agreement binding)
- Step-by-Step User Guide providing simple instructions
- Completed Example of a Separation Agreement
- Separation Checklist – so you know exactly the steps involved
- 7-Day 100% Risk-Free Money Back Guarantee
How It Works
To secure your future with our legally-binding Separation Agreement, (also known as a binding financial agreement) simply complete the following steps:
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PREPARE
· Download our Separation Agreement Template · Read through and gather all required information
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FILL OUT
· Complete the appropriate clauses in template · Use our Step-by-Step User Guide for assistance
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CONSULT
· Print your completed Separation Agreements · Get independent legal advisers to review
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EXECUTE
· Both parties sign and date · Get your lawyers to sign the Certificates of Independent Legal Advice to make binding
Frequently Asked Questions
The Separation Agreement template contains the following key provisions, which are easy to understand and fill-out:
- Recitals – the section that acts as the “background” to the Separation Agreement, detailing basic factual information (such as the names of the parties, how long the parties were in a relationship, and when the parties separated).
- Relationship status and children – provisions detailing the relationship status of the parties, which also detail whether there are any children of the relationship, or any former relationships (if relevant).
- Property – provisions detailing exactly how any property interests (eg residential or investment properties) are to be divided (for instance, via sale to a third party at auction or through private sale, or sale to one of the parties).
- Superannuation and other property – provisions concerning the treatment of each parties’ superannuation entitlements and other property interests.
- Spousal maintenance – provisions concerning spousal maintenance, and other entitlements to pensions, benefits and allowances.
- Assets and liabilities – schedules containing a template for the parties to fill out their respective assets and liabilities (to indicate which assets and liabilities belong to each partner).
- Separation Declaration – the form of the legally required Separation Declaration, which must be signed by the parties.
- Certificate of Independent Legal Advice – the form of the legally required Certificate of Independent Legal Advice, which must be filled out and signed by each partner’s respective legal adviser.
Click to view a sample of our Separation Agreement
Important Note: Under the Family Law Act 1975, the agreement is only binding once both parties have signed a Separation Declaration (annexed to the Separation Agreement), the Separation Agreement itself, and have obtained a Certificate of Independent Legal Advice, stating both parties have obtained independent legal advice prior to signing the agreement. As noted above, our Separation Agreement comes with all of these pre-populated documents.
The Certificate of Independent Advice is a document that states that both parties have obtained independent legal advice prior to signing the agreement. This is a requirement of the Family Law Act 1975.
A Separation Agreement is binding under the Family Law Act once both parties have met the following conditions:
- The agreement must be in writing, legitimately completed and signed by both parties
- Both parties have given accurate and complete disclosures of their financial positions
- Both parties have received independent advice from separate solicitors
- The independent solicitors have signed the ‘Independent Solicitor’s Certificate’
No. There is no need to register a separation under Australian Family Law. It is binding once all the conditions in the previous question have been met.
Separation Agreements are a substitute to Court Orders. A Court Order is an independent decision imposed by the Family Court upon couples. It requires a lot of time, money and litigation, and in most instances one party will not be satisfied with the outcome.
On the other hand, a Separation Agreement is a legally binding contract that is agreed between two parties. A Separation Agreement does not require court involvement. It is preferred to a Court Order as it is a cheaper, faster and less stressful way to achieve a better outcome than a Court Order.
Yes you can. Same sex / gay relationships and marriages are recognised as de facto relationship in all states of Australia (except WA). So you will be covered by the de facto Separation Agreement available through this website.
If you live in WA and are separating from a marriage – you can get a Separation Agreement.
However, if you are in a De Facto relationship – you may not be covered by a Separation Agreement as different laws apply in WA.
Yes it does. It contains an easy to fill out section which details the treatment of each parties’ superannuation entitlements.
Definitely. Separation laws in Australia apply to de facto relationships. It is dangerous to simply divide your assets and go your separate ways without a legally binding agreement in place. You have the same entitlements in a de facto relationship as you would if you were in a marriage and getting a divorce.
Without a legally binding separation agreement, a party at a later date can make a legal claim under the Family Law Act. You are much better off having the peace of mind that comes with the security of a legally binding separation agreement.
The definition of a de facto relationship is found on Section 4AA of the Family Law Act 1975.
You are in a de facto relationship if you are living together on a “genuine domestic basis”. You can be from the same or opposite sex. You must not be married or related to each other.
With regards to the length of time, there is no black and white rule in Australia for this. It is generally accepted that anything over “the two year mark” is regarded as a de facto relationship, though exceptions do apply.
For a more detailed information, please read our article about the definition of a De Facto relationship in Australia
You have the same entitlements as you would if you were in a marriage and getting a divorce.
For more detailed information, please read our article about De Facto relationship entitlements and settlement in Australia
You certainly can. If you are filing for a divorce, you don’t have to wait the 12 months required for a divorce and can agree to your financial separation as soon as you have decided to separate. It is actually recommended to sort out arrangements as soon as possible. This is because asset values can change over time and valuations are best done close to when the parties separate. This means that you can secure your financial future and move on with your life before a divorce is officially finalised.
A legal separation occurs when a married couple no longer live together as a married couple. A divorce occurs when the court legally ends your marital relationship.
The Family Law Act in Australia requires a legal separation period of 1 year before the courts can grant a divorce.
There are numerous costs involved with getting a divorce.
The secret is knowing which costs you can and can’t avoid. For example, you cannot avoid the application fees, whereas you can greatly reduce certain lawyers’ fees by completing the divorce application yourself. Especially during the stage of formalising your Separation / Binding Financial Agreement, you can drastically reduce your legal fees by purchasing a template like the one we offer and preparing your own agreement.
Under the Family Law Act, you need a period of 1 year of legal separation before you can apply for a divorce. From there, it will typically take at least 4 months for your divorce to be finalised and granted by the Court.
In the meantime, we highly recommend that you secure your financial future with a Separation / Binding Financial Agreement (such as the one we offer). You can do this as soon as you and your former spouse have decided to separate. This means that you can move on with your life before your divorce is officially finalised.
Yes they are. Our Separation Agreements are written by our experienced team of top-tier, qualified, Australian lawyers. Our lawyers have also been admitted to the Supreme Court of Victoria and the High Court of Australia.
As such, you can have the confidence that you are getting a range of the best knowledge in the industry.
Yes they are. We constantly review Australian legislation to ensure our Separation Agreements are up to date.
You can view what makes us different to other Separation Agreement companies by reading our section above on 7 Things To Watch Out For When Purchasing A Separation Agreement Template
Furthermore, you can read our article on How Much Do Binding Financial Agreements Templates Cost?
Our payment processor gives you 2 options to pay. Either via PayPal or via credit card. If you want to pay via credit card – we accept all major credit cards; Visa, Mastercard and AMEX. Our payment processor is extremely secure (SSL with 128-bit encryption, and processed with PCI Compliant service providers). Rest assured, your details are completely secure and anonymous.
NB: Due to our USA-based payment processor, you will be charged in US Dollars. Rest assured knowing the total amount billed to your credit card will be exactly AUD$197.
None whatsoever.
Immediately. Simply click the ‘Download’ button after you pay, and all your Separation Agreement Kit will be instantly downloaded to your computer.
Yes we do. If you have any technical problems, please email support[at]bramptonkeats.com.au
Yes, we are based in Melbourne, Victoria.
RECENT CLIENT FEEDBACK
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THE SEPARATION AGREEMENT KIT
(Also known as a Binding Financial Agreement Template)
If you have any questions about any of our packs, please email support [at] bramptonkeats.com.au.
You only need to purchase 1 Separation Kit and can print off for both parties.
All prices are inclusive of GST.
- Resource #1
- Resource #2
- Resource #3
- Prepared by Top-Tier Australian Lawyers
- 2024 Australian Law
- No Prior Legal Knowledge Needed
- Easy & Quick to Fill In
- For use in
- Guarantee
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DE FACTO$197
- Separation Agreement Template
- Step-by-Step User Guide + Separation Checklist
- Completed Example
- Yes
- Yes
- Yes
- Yes
- All states in Australia except WA
- 7-Day 100% Risk-Free Money Back Guarantee
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MARRIED$197
- Separation Agreement Template
- Step-by-Step User Guide + Separation Checklist
- Completed Example
- Yes
- Yes
- Yes
- Yes
- All states in Australia
- 7-Day 100% Risk-Free Money Back Guarantee
-
SAME SEX$197
- Separation Agreement Template
- Step-by-Step User Guide + Separation Checklist
- Completed Example
- Yes
- Yes
- Yes
- Yes
- All states in Australia except WA
- 7-Day 100% Risk-Free Money Back Guarantee
NB. Upon purchase, you will be able to instantly download your Separation Agreement Kit for use immediately. As a download link will be sent to your email address, you can purchase on any device, including mobiles and tablets.
