Divorce Settlement Agreement

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.

Divorced couples who wish to finalise all matters of a financial nature in dispute between them, including spousal maintenance, require some form of legal documentation.

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 under Section 90D of the Family Law Act.

Financial agreements negate the need for the couple to enter court proceedings, reducing the risk of extended litigation and providing certainty of outcome.

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A Financial Agreement 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.

Sitting down with your ex now to work out a ‘property settlement agreement’ and what your agreement needs to achieve, before consulting your legal adviser, will save you considerable time, money and anxiety. Taking the time to work things out between you will also minimise the risk of having a lawyer draft a one-sided agreement that fails to reflect the needs of either party.

“Thank you so much. Extremely happy about the entire process. You made my property settlement a calm, simple process in what can be a devastating time in a person’s life.” D Embury QLD

This kit provides the framework for a compliant property settlement contract.

Each party must receive independent legal advice.

Once you have drafted your Divorce Settlement Agreement, the law requires that each party must receive independent legal advice and the agreement must contain a certificate from a lawyer stating that each party has received said advice. This ensure that neither party can argue that they were not aware of the impact of the document they were signing. We have introduced our Agreement Review Service as an affordable way to receive the correct certification

Sample Agreement of the Divorce Agreement – Excerpt from the version outlining the Sale of Property.

Reaching an amicable property settlement agreement quickly about debts, assets and property offers the divorcing couple many advantages;

• you get to 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 and make a new life for you more quickly without the strain of ongoing tension and disputes.

Making a financial agreement under section 90D is a logical alternative to court action and offers a reliable exit strategy, which lets you relax and get on with your life.