Can I write my own separation agreement?

It’s absolutely possible to draft your own separation agreement. It can be tricky to find the right information online, but you’re clever and have some important tools at your disposal.

What should a separation agreement include?

A separation agreement aims to formally address what will be done with these jointly-held interests, and to set out any steps that need to be taken (for example selling property in order to split the revenue generated).

Does legal separation protect your assets?

You only get to exclude the value of the account or assets traceable to the inheritance that still exist on the date of separation. if you use the inheritance to purchase assets, make sure you keep documents proving that those assets were purchased with funds from the sole account where the inheritance is held.

Does a separation agreement protect you financially?

With a legal separation, you and your spouse can still opt to keep your marriage intact after some time apart. Legal separation protects your rights and financial interests while the two of you decide whether or not divorce is the right decision.

How enforceable is a separation agreement?

A properly drawn-up separation agreement will act as a legally enforceable contract between you and your spouse when you divorce. It will not end your marriage or initiate divorce proceedings but will document how you will handle your mutual affairs, such as property division, parenting, spousal support, and so on.

What is the point of a separation agreement?

A Separation Agreement is an arrangement on all the issues you and your spouse need to resolve before getting divorced, such as the division of marital property (assets and debts), child custody, visitation and support issues, and Temporary Maintenance and Post Divorce Maintenance (commonly known as ‘alimony or spousal …

What is the purpose of a separation agreement?

What do you mean by sample separation agreement?

Sample Separation Agreement. Generally, a separation agreement is the result of much discussion and negotiation surrounding divisions of assets and liabilities and any support, maintenance, custody or visitation issues.

How to create a binding financial separation agreement?

The answer is simple. Download a high quality Separation Agreement template (also known as a Binding Financial Agreement template), fill it in yourself using the guidance notes and then take it to a lawyer for independent verification.

What happens to assets acquired after the date of separation?

All assets acquired by either party after the date of separation shall be treated as separate property. Each party disclaims and waives any and all rights and interest in any of these assets.

Can a financial separation agreement be enforceable in Australia?

A Separation Agreement (also known as a Binding Financial Agreement) is a legally binding contract which states how two former partners have agreed to divide their assets and finances. It is legally enforceable in Australia under the Family Law Act 1975 (the current legislation) and is recognised as such by the Family Court.