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Separation Financial Agreement
"I need a Separation Financial Agreement for a de facto couple separating after 12 years, with complex business assets including a family company and investment properties in both Australia and New Zealand, with implementation to begin March 2025."
1. Parties: Identification and details of both parties to the agreement
2. Background: Details of the relationship, date of separation, and context for the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Independent Legal Advice: Acknowledgment that both parties have received independent legal advice as required by law
5. Division of Property: Detailed arrangement for the division of real estate, vehicles, and personal property
6. Financial Obligations: Overview of ongoing financial obligations and responsibilities
7. Superannuation: Agreement regarding the division of superannuation interests
8. Mutual Release: Release of future claims against each other's property or financial resources
9. Implementation: Timeframes and mechanisms for implementing the agreement
10. Default and Enforcement: Consequences of breach and enforcement mechanisms
11. Costs: Agreement on legal costs and expenses
12. General Provisions: Standard clauses including governing law, severability, and entire agreement
1. Child Support: Include when there are children of the relationship - covers child support arrangements
2. Business Interests: Include when either party owns business interests that need to be divided or retained
3. Spousal Maintenance: Include when ongoing financial support is to be provided by one party to the other
4. Inheritance and Gifts: Include when there are specific arrangements regarding past or future inheritances or gifts
5. Overseas Assets: Include when parties have assets located in other jurisdictions
6. Intellectual Property: Include when either party has intellectual property rights that need to be addressed
7. Tax Implications: Include when specific tax arrangements or consequences need to be addressed
8. Insurance Policies: Include when there are life, income protection, or other insurance policies to be dealt with
1. Schedule A - Assets and Liabilities: Comprehensive list of all assets and liabilities, including current market values
2. Schedule B - Real Estate: Details of all real estate properties including titles, valuations, and mortgages
3. Schedule C - Bank Accounts: List of all bank accounts, investments, and cash holdings
4. Schedule D - Superannuation: Details of superannuation accounts and agreed splitting arrangements
5. Schedule E - Personal Property: Itemized list of personal property and agreed distribution
6. Schedule F - Business Assets: Details of business interests and their agreed treatment
7. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from lawyers confirming provision of independent legal advice
8. Appendix 2 - Valuations: Professional valuations of significant assets
9. Appendix 3 - Supporting Documents: Copies of relevant financial statements, property titles, and other supporting documentation
Authors
Assets
Background
Business Day
Child Support
Commencement Date
Confidential Information
Date of Separation
De Facto Relationship
Effective Date
Eligible Superannuation Plan
Encumbrance
Financial Resource
Financial Rights
Future Property
Implementation Date
Independent Legal Advice
Joint Property
Liabilities
Matrimonial Home
Party A
Party B
Personal Effects
Property
Real Property
Relationship
Relationship Property
Release Date
Separate Property
Separation Declaration
Settlement Sum
Spousal Maintenance
Superannuation Interest
Transfer Date
Working Day
Binding Nature
Independent Legal Advice
Separation Declaration
Property Division
Real Estate
Personal Property
Financial Accounts
Superannuation
Business Interests
Mutual Release
Spousal Maintenance
Child Support
Confidentiality
Implementation
Transfer of Assets
Indemnification
Tax Matters
Default and Enforcement
Dispute Resolution
Further Assurance
Severability
Variation
Entire Agreement
Governing Law
Costs
Notices
Force Majeure
Termination
Warranties and Representations
Legal Services
Financial Services
Professional Services
Real Estate
Accounting
Banking
Insurance
Wealth Management
Property Management
Family Services
Legal
Compliance
Family Law
Property Services
Financial Advisory
Wealth Management
Document Processing
Client Services
Risk Management
Administrative Support
Family Lawyer
Legal Counsel
Paralegal
Financial Advisor
Accountant
Property Valuer
Wealth Manager
Family Law Mediator
Legal Administrator
Superannuation Consultant
Estate Planning Lawyer
Settlement Agent
Relationship Manager
Legal Secretary
Compliance Officer
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