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Legally Binding Separation Agreement Template Family Law Australia

Looking for a legally binding way to separate without the stress?

When a married couple separates, it’s not just about moving into different homes – it’s about clearly dividing finances and property, so that you can move forward without continued financial entanglement. That’s where a legally binding separation agreement aka financial agreement can make all the difference.

Our Binding Financial Separation Agreement Kit is designed specifically for Australian couples who want to keep things amicable while creating a binding legal agreement that complies with the Family Law Act. Whether you’re still married, already separated or divorced,  this template helps you formalise your property settlement and stay out of court.

Breaking up is hard but sorting out the paperwork doesn’t have to be.

When Tony and Lisa decided to separate after 15 years of marriage, they wanted to keep things amicable for their children and avoid the stress (and cost) of lawyers and court. Like many couples, they still got along – they just needed a clear way to divide their assets.

That’s when they found our Legal Marriage Separation Agreement Kit. It’s a straightforward, legally sound document they could download, edit in Word, and complete together. It helped them formalise their agreement without conflict or confusion.

If you’re in a similar situation, our template can help you do the same.

Get started from $49 – full pricing and process below.

Buy Separation Agreement Kit Now – Just $49

How Do You Legally Separate in Australia?

In Australia, there’s no formal process or paperwork required to become legally separated. You are considered separated when one or both partners decide the relationship has ended even if you’re still living under the same roof.

However, if you want to record how you’ll divide property, assets, debts, or financial responsibilities, it’s important to put that agreement in writing. That’s where a legal separation agreement aka Binding Financial Agreement comes in.

Our Marriage Separation Agreement Kit is drafted to comply with Section 90C the Family Law Act 1975. It helps you document your intentions clearly, avoid misunderstandings, and stay out of court all while protecting your financial future.

Financial Agreements provide the Framework for settlement

RP Emery’s legal marriage Separation Agreement template Kit allows you to:

  • Record how assets, debts, and property will be divided

  • Avoid expensive and stressful legal proceedings

  • Create certainty and peace of mind for both parties

  • Formalise your agreement without going to court

To be legally binding, your agreement must meet specific requirements under the Family Law Act  including independent legal advice for both parties. Our kit guides you through each step, so you can be confident your agreement will stand up if challenged.

Issues that dealt with child support and visiting rights were dealt with in other documents such as a Child Support Agreement and Parenting Plan.

It’s a straightforward process that you can complete in your own time, without spending a fortune or even leaving home.

How the Process works

This section explains how our process works in detail.

5 step financial agreement process

The Easier First Step

Start With the Financial Agreement Kit including BFA Planner – Just $49

Forget legal jargon and blank legal forms. Getting started here means answering a set of plain-English questions about your situation – in your own words, at your own pace.

We’ll ask about what you own and owe: property, super, savings, debts, vehicles, etc, and how you wish to divide it.

Alongside the BFA Planner, you’ll also have the plain-English User’s Guide, a step-by-step Process Guide, and a bonus Will Kit, because separation is exactly the time your Will needs updating too.

The completed questionnaire is yours to keep and serves as a properly organised record of your property and finances, which is what a thorough property settlement needs.

It’s a Word document you can save, step away from, and come back to. Nothing is sent anywhere until you choose to send it – so there’s no pressure to have every answer ready before you start.

When you do send your completed Planner to us for review, that’s what gets things moving. Your answers are used to build your draft Financial Agreement, drawing on the framework we’ve refined across thousands of BFAs since 2009 – reviewed personally by our team.

Then our team will be in touch. If your draft fits within the Legal Review Service, we’ll confirm it and talk you through what happens next; if it isn’t quite there yet, we’ll explain why and what still needs sorting.

If it’s ready to proceed, a payment of $990 gets your matter formally underway. From there, we work through the finer detail together by phone and email – the points people often miss – getting your agreement ready for the next stage.

Once that’s done, the final balance payment of $2,260 unlocks the next stage: two independent lawyers – one for each of you. They provide the advice and certification the Family Law Act requires. Your lawyer will finalise your agreement and provide the final version ready for signing.

Get Started – Just $49

“I found it exceptional in every way. I was kept up to date with the process and any queries were answered within the day. It made the separation process much easier and I would highly recommend this service to any friends in the future. Thank you for everything.” — Kim Watt

A Look at What We Actually Ask

No dense legal clauses to wade through here – just plain questions about your situation, with enough detail to meet the law’s disclosure requirements and no more. Below is a look at a few sample questions from the questionnaire, so you can see how the Planner is set out.

It doesn’t matter what kind of financial agreement you need or which state you live in – the planner forms for foundation of the correct financial agreement for your situation.

BFA Planner Sample 1

BFA Planner Sample 2

BFA Sample 3

BFA Planner Sample 4

How to Obtain the Required Legal Advice at a Fixed Price

Important note: Under the Family Law Act a financial 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 service is available to assist you in completing the legal advice component of your FA at a LOW FIXED RATE of just $3,250 for both parties.

Just like thousands of other delighted customers, you too can minimise the financial and emotional cost of separation by using our questionnaire-led process and Legal Review Service.

How It Works and What It Costs

A simple process – a few honest questions, a confirmed understanding, a draft preview so you know what’s coming, then the independent legal advice that makes it binding.

Fixed Pricing — No Nasty Surprises

Step What’s Included Price (inc GST)
1. BFA Planner Download, complete, and submit the BFA Planner – categories and approximate values only, no exact account numbers needed. Yours to keep regardless of what happens next. $49
2. Submit & Confirm We check we’ve understood your situation and intentions before anything proceeds – catching any gaps early, before you commit to the next stage. Complimentary
3. Fine-Tune Your matter formally begins. We work through the finer detail together by phone and email – the points people often miss – getting your agreement ready for final Legal Review. $990
4. Legal Review Final payment unlocks the Legal Advice stage where both parties receive  legal advice and certification from two independent lawyers, one for each of you. This is required to make your financial agreement binding. $2,260
5. Sign Once your lawyers are satisfied, you’ll receive the finalised version to sign. —
Total Cost for Two People $3,299

Applies to most customers — complex structures (e.g. multiple companies, family trusts) may involve additional fees, confirmed with you before proceeding.

 

Satisfaction Guaranteed – Our Promise to You

Satisfaction Guaranteed – Our Promise to You

If for any reason you are not completely satisfied with your purchase or our service, please phone our office on 1800 608 088 within seven (7) days of purchase and we will rectify the situation, issue a refund, or offer a credit towards future purchases.

testimonial de facto separation financial agreement

Important – Required Legal Advice

Financial Agreements only become Legally Binding when each party has received Certified Independent Legal Advice - Click Here for More Information

Australian Law

Our Financial Agreements are drafted to comply with Australian Law

Professionally Drafted

The agreements are professionally drafted by Australian Family Law Experts

Instant Download

No Need to Wait. Download the Agreements Instantly

Easy to use

Plain English - No Legalese. Your Financial agreement is easy to use, edit and understand