Fixed Fee $2,200 • Finalise Your Split Without Court
A Separation Financial Agreement is a Binding Financial Agreement made after a relationship has ended. It allows separated couples to privately decide how assets, superannuation, businesses and debts will be divided, without having to apply to the court for property orders.
This guide explains what a Separation Financial Agreement is, when to use one instead of Consent Orders, how it works, what it must contain, and how Adams United Lawyers can draft it on a fixed-fee basis anywhere in Australia.
What Is a Separation Financial Agreement?
A Separation Financial Agreement is a contract made after separation that sets out:
- how the asset pool will be divided
- who keeps the home and investment properties
- how superannuation will be treated
- how savings, shares and investments are split
- how loans, mortgages and credit cards are allocated
- whether spousal maintenance is included or waived
Under the Family Law Act 1975 it is:
- s 90D – for couples who were married
- s 90UD – for couples who were in a de facto relationship
It is still a Binding Financial Agreement (BFA) – just signed at the end of the relationship.
Internal link: point “Binding Financial Agreement (BFA)” to your BFA pillar page.
When Would You Use a Separation Financial Agreement?
A Separation Financial Agreement is often used when:
- you have already separated and agreed on how to divide property
- you want to avoid court and public records
- you want maximum privacy around your financial arrangements
- time limits for court applications are approaching
- one or both partners work in sensitive industries and prefer discretion
- you wish to include detailed maintenance or lump-sum arrangements
- there are overseas assets or complex business structures
It’s a flexible, private alternative to Consent Orders.
Separation Agreement vs Consent Orders
Both finalise a property settlement, but they work differently.
Consent Orders
- filed with the Federal Circuit and Family Court
- approved by a Registrar
- become a court order
- highly secure, easy to enforce
Separation Financial Agreement
- private contract between the parties
- does not go before a judge
- still legally binding if properly drafted
- can offer more flexibility with spousal maintenance and structure
Many separated couples prefer Consent Orders for maximum certainty, but a Separation Financial Agreement is ideal where privacy, flexibility or speed is the priority.
What Can a Separation Financial Agreement Cover?
✔ Property and Assets
- the former family home
- investment properties and holiday homes
- bank accounts and term deposits
- shares, managed funds, crypto
- vehicles, boats and caravans
- personal items and valuables
- business interests and company shares
- trust interests and loans
✔ Superannuation
- division of super balances
- superannuation splitting or offsetting arrangements
✔ Debts and Liabilities
- mortgages and secured loans
- personal loans
- credit cards and overdrafts
- tax debts
- business debts
✔ Spousal Maintenance
- lump-sum maintenance
- periodic maintenance for a set time
- or a clause waiving future spousal maintenance, where appropriate and lawful
✔ Other Financial Arrangements
- responsibility for future sale of property
- indemnity between the parties
- costs of sale or transfer
- timeframes for payouts and refinances
Once signed correctly, the agreement is designed to be final.
Are Separation Financial Agreements Enforceable?
Yes – if they meet strict legal requirements.
To be enforceable, the agreement must:
- be in writing and signed by both parties
- specify the section of the Family Law Act (s 90D or s 90UD)
- contain full and honest financial disclosure
- be accompanied by a Certificate of Independent Legal Advice for each partner
- not be entered into under duress, fraud, or unconscionable conduct
When these conditions are met, courts treat the agreement as binding and will generally enforce its terms.
Why Some Separation Agreements Fail (And Why Ours Don’t)
Agreements can be set aside if:
- one party was pressured or threatened to sign
- key assets or debts were hidden
- the drafting doesn’t comply with the legislation
- the agreement is grossly unfair in light of circumstances
- proper legal advice was not provided or documented
At Adams United Lawyers we:
- draft to court-proof standard
- insist on full disclosure
- provide detailed written advice
- ensure the process is fair and clearly documented
- identify and address any risk factors before signing
Our aim is to create an agreement that stands the test of time.
How Much Does a Separation Financial Agreement Cost?
Most firms charge $3,000–$8,000+ per person, depending on complexity.
Adams United Lawyers – Fixed Fee
$2,200 (including GST) per agreement
for the drafting party.
Includes:
- review of your asset pool and proposed division
- drafting of the Separation Financial Agreement
- revisions until both parties are comfortable
- full written legal advice for our client
- Certificate of Independent Legal Advice
- liaison with the other side’s solicitor
- 72-hour standard turnaround (faster by arrangement
How Long Does a Separation Financial Agreement Take?
Most agreements can be:
- drafted within 72 hours once disclosure and instructions are complete
- settled and signed within 1–2 weeks, depending on how quickly both parties respond
If urgent (e.g. property settlement tied to a settlement date), we can work to same-day or 24-hour timeframes where practical.
Separation Agreement vs Property Settlement in Court
A Separation Financial Agreement can:
- avoid the stress and delay of litigation
- keep your personal finances private
- significantly reduce legal costs
- allow you to control the timing and structure of payouts
Court proceedings, by contrast, are:
- public (to a degree)
- slower and more rigid
- often far more expensive
For many couples who can still communicate respectfully, a negotiated separation agreement is a far better path.
Why Choose Adams United Lawyers?
- Fixed-fee Separation Financial Agreements
- 27+ years’ family law experience
- Nationwide service (federal legislation)
- Practical, solution-focused advice
- Court-quality drafting without court proceedings
- Clear communication and realistic guidance
- Flexible appointments by phone or video
We focus on fair, enforceable agreements that protect your financial future.
Start Your Separation Financial Agreement Today
If you’ve separated and want to finalise your financial arrangements without going to court, we can help.
📞 1800 407 792
📧 kadams@adamsunited.com.au
🌐 adamsunited.com.au
Frequently Asked Questions – Separation Financial Agreements
Is a Separation Financial Agreement legally binding?
Yes. It is binding under the Family Law Act 1975 if drafted correctly, both parties receive independent legal advice, and all formal requirements are met.
Do we still need to go to court?
No. A Separation Financial Agreement is a private contract and does not require court approval.
Is it better to have Consent Orders instead?
Consent Orders are usually preferred for pure property settlements because they are court-sealed and easier to enforce. However, a Separation Financial Agreement can be better where privacy, flexibility or specific maintenance clauses are important.
Do we both need our own lawyer?
Yes. Each party must receive independent advice from their own solicitor and receive a signed Certificate of Independent Legal Advice.
Can a Separation Financial Agreement cover superannuation?
Yes. It can set out how super is divided or offset, and can be used together with superannuation splitting orders.
Can the agreement be overturned later?
Only in limited cases such as fraud, non-disclosure, duress, or where the agreement is clearly unjust in light of major changes. Proper drafting and advice greatly reduce this risk.
How long after separation can we enter into a Separation Financial Agreement?
There is no strict time limit for the agreement itself, but there are time limits for court property applications. We recommend finalising your agreement as soon as possible after separation.
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