Separation Agreement Form Australia

When going through a separation or divorce in Australia, it is important for both parties to come to an agreement on how their assets will be divided and how they will handle any shared responsibilities, such as childcare or financial support. This is where a separation agreement, also known as a binding financial agreement, comes in.

What is a Separation Agreement?

A separation agreement is a legally binding document that outlines the terms of a separation or divorce between two parties. It covers a wide range of issues such as property, debts, spousal maintenance, and any other financial arrangements that need to be sorted out between the parties. The agreement can be entered into at any time, whether before, during, or after a marriage or de facto relationship has ended.

Why You Need a Separation Agreement in Australia

A separation agreement is an excellent tool for couples who are separating and want to avoid lengthy and costly legal proceedings. It is an efficient way to formalize an agreement and ensure that both parties are aware of their rights and obligations. The agreement can be used as evidence in court if there is a dispute later on.

Having a separation agreement can also provide peace of mind for both parties. It enables them to move on with their lives knowing that there is a clear plan in place for the division of assets and any other financial matters that need to be addressed.

How to Obtain a Separation Agreement in Australia

To obtain a separation agreement in Australia, both parties must agree to the terms of the agreement and sign it. It is recommended that each party receives independent legal advice before signing the agreement. This ensures that each party understands their rights and obligations and that the agreement is fair and reasonable.

Separation agreements must also comply with the requirements set out in the Family Law Act 1975. These requirements include having the agreement in writing, signed by both parties, and witnessed by an authorized person.


Going through a separation or divorce can be a challenging experience, both emotionally and financially. Having a separation agreement in place can make the process less stressful and help both parties move on with their lives. It is a valuable tool that can help avoid disputes and legal proceedings down the track. If you are going through a separation, it is advisable to seek legal advice to see if a separation agreement is right for you.