Separation Agreement for a De facto couple
The choice to end a long term relationship is never easy and there can much emotional and financial fallout as the couple negotiate the separation process.
By law de facto couples are not required to formally document the end of the relationship, you can just divide any assets or property between yourselves and move on with your life.
However, such arrangements leave the door wide open for either party to make a future application to the family court for financial orders, essentially taking a second bite of the cherry.
It's useful to know (especially in these tough finanical times) that even though most separated couples live apart in separate residences, the Act does provide for a couple to be classed as separated and living together under the one roof. So you can still take care of the property settlement issues and live under the same roof.
Parties in dispute over property settlement have two paths.
The first is the path of conflict, characterised by threatening letters and demands, one sided proposals along with an ever increasing level of animosity between the parties. Meanwhile the legal bills keep piling up as the lawyers do battle on your behalf.
This path is stressful, expensive and emotionally exhausting.
The alternate path is one where the parties genuinely co-operate to find workable solutions that both can live with. The parties recognise each other's contribution to the relationship and address the needs of each party.
This process generally leads to a fairer and more equitable agreement without the emotional and financial burden of litigation.
Separation Property settlements may be resolved by entering into
- a financial separation agreement or
- an agreement with ‘consent orders’ being made by a family law court.
A property settlement can be finalised at any time after separation. However, a court application for property settlement or maintenance must be filed within 2 years after the relationship breakdown or you will need the court’s permission to apply out of time.
What is a Consent Order?
A consent order is a written agreement that is approved by a court. A consent order can cover parenting arrangements for children (a ‘parenting order’) as well as financial arrangements such as property and spousal maintenance.
The difference between a Financial Agreement and Consent Orders dealing with division of property or parenting arrangements is that the Financial Agreement does not need to be lodged with the Court for approval, and is not subject to review by the Court or put on public record.
The parties may elect to enter into a property settlement agreement (more accurately known as a Financial Agreement) in preference to Consent Orders where they require certainty of outcome, rather than having the court impose its view of how assets are to be divided.
Financial Agreement 90UD eliminates the need to go to Court
A financial separation agreement made under section 90UD allows the partners to decide for themselves how to manage these obligations without the need for entering court proceedings, reducing stress and the risk of extended litigation.
"Thank you for your help. Your process was very good and easy to follow. My allocated lawyer acted promptly and was very helpful in explaining everything to me. Well done." Helen B.
Reaching an amicable separation agreement quickly about debts, assets and property offers many advantages;
- you make your own choices
- you significantly reduce the financial and emotional costs of taking the matter to court
- you can ensure more open communication with your former partner increasing the likelihood of improved conflict resolution in the future
- your ongoing relationship as parents, if you have children, is likely be more harmonious and
you are able to move forward with your life without the strain of ongoing court proceedings.
Separation Agreement for De facto couples are available for immediate download. We’ve drafted these comprehensive Kits to comply with section 90UD of the Family Law Act 1975 providing the legal framework for a compliant separation agreement that will save you hundreds and possibly thousands of dollars.
The kits include
- the Separation Agreement Template
- an easy-to-follow instruction manual
- sample separation agreement including several sample clauses to assist you in drafting your own professional agreement.
- plus Bonus Legal Will Kit
Choose the kit you need
Our fully secured payment system allows you to purchase and download your Separation agreement template kit safely.
Under sections 90G and 90UJ of the Family Law Act this 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 and Certification Service is available as an option with this agreement.
Sample Separation Agreement - click to enlarge