What is specifically in your Separation Agreement?
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.