Separating from a long-term partner is never going to be easy, but kids aside, if you can come to an amicable agreement about how to divide your assets and liabilities, you really have most of the battle won .
From this point it’s simply a matter of documenting your arrangement, and the quickest way is to use the RP Emery Financial Agreement Template and Legal Review Package.
A Binding Financial Agreement is a document made under Australia’s Family Law Act and some people will refer to it as a separation agreement.
There are two important parts to finalising your Financial Agreement and Property settlement:
We’re going to show you how to complete your Australian Separation Agreement Template and get the legal advice for both parties for just $2537 – without stress, fuss or engaging combative lawyers. We call it the Peaceful path to Settlement.
There are many compelling reasons why one might want to put a binding financial agreement in place.
One of the best reasons is that you will stay out of court!
When you go to Court – there’s rarely a winner, it’s usually just two people who have paid a hefty price to feel like they’ve lost.
Then there’s the time waiting for it all to be over, the uncertainty while a third party decides your fate and the stress of going to battle with an ex.
On the other hand when you make a binding financial agreement you get to choose how you want to divide your property and it does not need the approval of the court or any third party.
If you share the care of children – there is no doubt that coming to an amicable agreement reduces the stress on them and paves the way for a more harmonious relationship with your ex.
So to recap – by using the RP Emery Separation agreement template and legal review package, you will
All good things!
But before you rush ahead you need to understand why you need the Legal Advice – after all if the decisions about the property settlement are yours to make, then why do you need to talk to a lawyer?
Let us explain.
Back in 2000, when financial agreements were introduced, the lawmakers were responding to a need to lessen the load on the Family Court System.
They recognised that couples often negotiated their own property settlement agreement , but there must be a legal safety net to ensure equality in the bargaining power of the partners.
This safety net is the mandatory legal advice and it is a requirement set out in s90G of the Family Law Act. Without the legal advice your binding financial agreement will be worthless.
Essentially both partners are required to have a conversation with a lawyer about their agreement, to make sure that they each understand:
After the consultation, their lawyer is required to issue a Certificate of Legal Advice. The parties can then sign the agreement and move on with their lives, confident that their property settlement has been completed legally and to the letter of the law.
The Legal Advice acts as a Safety Net to ensure your agreement is legally binding and enforceable in the family court .
We’ve designed the Peaceful Path process to be straightforward.
We show you what to do and how to do it at each step of the way.
The Separation Agreement template is the blueprint that provides the basic structure for how the settlement is going to look. You will receive full instructions, sample agreements to share with your partner and an abundance of FAQ’s, compiled from years of experience dealing with customers questions.
In the second step, you and your partner add the material facts to the agreement, the building blocks, the things you know about your personal situation – what you own, what you owe and how it will be divided.
We’ll help you caress those basic building blocks into a robust financial agreement that will be easy to understand and express your wishes precisely.
This is the unique part of our process that opens the door to the Fixed Price Legal Advice. You won’t find this anywhere else.
If you’ve been doing your research, you may have stumbled across some companies who will advise you to just fill in their agreement yourself and then take it to a lawyer for proof reading and verification. It takes less than 30 minutes they say! This is not only wrong, but it’s misleading .
The reason this approach breaks down is because other lawyers want to draft their own agreements from their own templates. They won’t even consider using your agreement, so you will essentially waste your money.
Our Australian lawyers have helped to refine our Separation Agreement Templates and instructions over several years, because they work with them everyday. In this way RP Emery’s approach ensures your lawyer receives a high quality document which allows them to perform their job quickly and efficiently, and all to the letter of the law.
Because we maintain the quality of the agreements the lawyers receive, they know how much work should be involved in each matter, which all adds up to substantial savings for you.
In the fourth step, you’ll purchase the Legal Advice for just $ (unless you have a particularly complex situation), and that covers both partners . You will speak with your lawyer over the phone or in their office if it’s convenient for you to do so.
Your lawyer will explain your rights, answer any and all of your questions and ensure your agreement complies with the law . In addition you will receive a written and personalised letter of advice which is drafted after your meeting to ensure you understand the full effect of signing this document.
And lastly, you’ll sign your Agreement in front of a JP and store it safely away.
We work with you from start to finish ; from the moment you download your agreement to the final signature.
We know our stuff, our systems are finely tuned and our customers love us for it!
Want to read more customer experiences? Click here
RP Emery have been providing legal kits for nearly 30 years and specialising in Binding Financial Agreements since 2009.
We have literally helped thousands of couples just like you put their Financial Separation Agreement in place, at a fraction of the normal cost.
We produce our kits for people who aren’t familiar with family law and financial agreements. The kit includes all the resources you need to complete the template without tearing your hair out and our back up service is unsurpassed.
Our role in the Peaceful Path doesn’t stop once you download the agreement. We are your safety net and guiding hand, and our aim is to make this process as easy as possible for you, from start to finish.
We’re showing you just one of several Separation Agreement templates but you will choose the right agreement for your needs (eg de facto, married or divorced or super splitting) on the next page.