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.
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.
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 Separation 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.
A financial separation agreement for Defacto couples 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.
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.
This Agreement kit is a Financial Agreement (Separation) suitable for all States and Territories excluding Western Australia.
It has been drafted to comply with s90UD of the Family Law Act 1975 for hetero and same - sex de facto couples after a de facto relationship has ended.
The Kit includes:
No Need to Wait - this Agreement kit is available for immediate download from the receipt page upon successful payment.
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 ($ covers both parties in most cases) is available as an option with this agreement.
We’ve shown the agreement for all states except W.A. where the defacto couple agree to sell the family home.
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