The Separation Financial Agreement is a crucial document used in Australian family law when couples (married or de facto) decide to separate and wish to formalize their financial arrangements without court intervention. This agreement, also known as a binding financial agreement or 'BFA', must comply with the strict requirements of the Family Law Act 1975 (Cth) to be legally binding. It covers comprehensive details about property division, financial obligations, superannuation splitting, and other financial matters. The document is particularly valuable for couples who want certainty and control over their financial separation, wish to avoid costly court proceedings, and need a clear framework for implementing their agreed arrangements. Each party must receive independent legal advice before signing, and the agreement must include certificates from legal practitioners confirming this advice has been provided.
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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
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