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Binding Financial Agreement after Dissolution of Marriage: Divorce Settlement.

When getting a divorce there are two processes to consider – one is simply dissolving the marriage itself and the other is dividing the property, spousal maintenance and child support issues.

A ‘Certificate of Divorce’, which contains the dates of the decree nisi and the decree absolute marks the formal end of the marriage.

Getting the divorce

In Australia it is quite simple to get a divorce – it can be done on-line. This site has information and resources to help you learn about the divorce process and lodge your application for divorce whether it be on-line or offline

Settling Property, Maintenance and Child Support Issues - you have 2 choices.

Any couple wishing to divorce will require some formal documentation in order to finalise a property settlement.

As long as the couple are communicative and willing to resolve their issues they can be addressed in one of two ways.

  • The couple can make an agreement with ‘consent orders’ being made by a family law court or
  • they can enter into a financial agreement.

Consent Orders

A consent order is a written agreement approved by a court. A consent order can cover parenting arrangements for children (a ‘parenting order’) as well as financial arrangements such as transfer and sale of property and spousal maintenance.

The court must be satisfied that the orders are properly drafted and that the terms of the agreement are "just and equitable", before it will approve them.

Financial Agreements

Provided for under the Family Law Act 1975, Section 90D refers to Financial Agreements (FA) after the dissolution of marriage or divorce.

Like other FAs, section 90D focuses on the division of financial resources of both parties and maintenance of either party after the couple has divorced.

The difference between a Financial Agreement and Consent Orders is

  • you do not need to lodge your FA with the Court for approval, and
  • it is not subject to review by the Court.

This means that all details within FA are confidential between the parties whilst the information on consent orders are available on public record

What if no agreement can be reached?

If no agreement can be reached between the parties then an application for property orders must be submitted to either the Family Court or the Federal Magistrates Court.

An application must usually be made within 12 months of your divorce becoming final. The decision is then made through a court hearing.

Divorce Agreement 90D

Financial agreements 90D (Divorce Settlement Agreement) negate the need for the couple to enter court proceedings, reducing the risk of extended litigation and providing certainty of outcome.

Coming to an amicable agreement with your ex partner about the division of debts, assets


Settling your affairs within the framework of a financial agreements allows to keep all your private information off the public record.

and property offers you many advantages;

  • you make your own decisions
  • you significantly reduce the financial and emotional costs of taking the matter to court
  • you can keep the communication lines open, paving the way for improved conflict resolution in the future
  • your ongoing relationship as parents is likely be more harmonious and
  • greater likelihood of closure without without the strain of ongoing tension and disputes.

Saves yourself stress by using a Divorce Agreement Template kit

A Financial Agreement (divorce settlement) allows you to decide how to divide joint financial resources out side the court system between yourselves, reducing your legal costs and the stresses associated with protracted litigation.

This template provides the framework for a compliant property settlement contract that will save you hundreds and possibly thousands of dollars.

Learn More about our Divorce Agreement Kit

Divorce Agreement Settlement




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