Both parties must have legal advice on the effect of the agreement and submit to each other a copy of the certificate of fortune to comply with the requirements of Section 90G of the Family Act 1975. The secret is to know what costs you can avoid or not. For example, you can`t get around the application fee, while you can significantly reduce some legal fees by filling out the divorce application yourself. It is precisely in the formalization phase of your financial separation/commitment agreement that you can drastically reduce your legal fees by purchasing a model like the one we offer and preparing your own agreement. When it comes to separation agreements/binding financial agreements, the corresponding Australian law is the Family Law. Your consent must be consistent with this law to be effective. Today, it is easy for companies to outsource their agreements abroad, which means that they may not fully comply with Australian law, may not use the required legal terminology and may not be written in “simple English.” In addition, if a company does not constantly review existing legislation and its agreements, it may not be complied with. For married couples, a separation agreement like this (sometimes called an act of separation) offers certainty about how each person will live while a divorce is settled. We are exclusively specialized in setting up financial separation agreements/binding financial agreements – so you don`t have to worry about getting a standard generic model.
The separation agreement model contains the most important key provisions that are easily understandable and fulfilling: the separation agreement is legally binding in Australia. It is also a binding financial agreement. It is enforceable only if both parties: Important note: Under the Family Act, this document is binding only if it is signed by both parties and contains a certificate confirming that each party received independent legal advice prior to the signing of the contract. Both are committed to managing separation in a way that minimizes harm to children. The idea of arguing over the curt letters of a law firm does not seem correct and the two are not concerned about going on the path of trial.