Financial Separation Agreement Template Australia
Turn agreed separation instructions into an editable financial draft with asset, debt and payment schedules for legal review.
Prepare the financial draft
Schedules and outstanding instructions
| Schedule | Total |
|---|---|
| Assets | $820,000 |
| Debts | $320,000 |
| Assets less debts | $500,000 |
| Payments, shown separately | $200,000 |
| Item and timing | Value | Allocation and documents |
|---|---|---|
| Family homeParty B to Party A Unfinished: Asset 1 target date | $820,000.00 | Party AJoint owners Title search, valuation and transfer documents |
| Item and timing | Value | Allocation and documents |
|---|---|---|
| Home loanJoint borrowers to Party A Unfinished: Debt 1 target date | $320,000.00 | Party AJoint borrowers Loan statement, refinance approval and lender release |
| Item and timing | Value | Allocation and documents |
|---|---|---|
| Settlement paymentParty A to Party B Unfinished: Payment 1 target date | $200,000.00 | Party BCleared-funds confirmation |
Outstanding instructions
- Separation date
- Draft terms date
- Asset 1 target date
- Debt 1 target date
- Payment 1 target date
Legal-form checklist
- Select the correct instrument: consent orders or an applicable statutory financial agreement. The instrument remains to be selected and prepared by the solicitor.
- Complete financial disclosure and confirm current ownership, values, liabilities and any superannuation interests.
- Confirm jurisdiction, eligibility, limitation periods and any existing orders or agreements.
- For a statutory financial agreement, arrange independent legal advice for each party and complete the applicable advice statements and execution formalities.
- For consent orders, prepare the required application and proposed orders for Federal Circuit and Family Court of Australia; the Court determines whether to make the orders.
- Confirm lender consent, refinancing and release requirements, title transfers, tax and duty consequences and any third-party approvals.
- Address superannuation splitting separately with the relevant trustee and required documents before settling the final instrument.
- Resolve every unfinished instruction and obtain final client instructions before execution or filing.
Your instructions stay in this tab. Reloading clears changes. Export your draft before leaving.
Build the Financial Separation Draft
This financial separation agreement template assembles your entered terms into an editable working draft for a solicitor. It keeps assets, debts and payments in separate schedules. The generated document stays a working draft for legal review.
The example records a home worth $820,000 and a $320,000 home loan, leaving $500,000 in entered net assets. A separate $200,000 payment runs from Party A to Party B. The payment does not reduce the asset pool a second time.
Replace the example names and amounts with agreed instructions. Empty values remain unfinished, and totals that need those values show “Unavailable”. Enter zero only when zero is the agreed figure.
You can edit the generated draft directly. Copy or download those edits before changing an input, because a changed input rebuilds the draft. Print / save PDF opens the current edited document for your browser’s Print command. Choose Save as PDF to retain the same schedules, unfinished instructions and legal-review status.
Record Transfers and Outstanding Instructions
For each asset or debt, record the current owner or borrower and the intended allocation. Name the person arranging the transfer or discharge, its recipient and the target date. Retain the required documents against that entry.
A joint home loan remains a lender liability while the partners decide who will make repayments. A promise between partners does not itself release a borrower from the loan contract. Legal Aid NSW explains joint mortgage responsibility after separation. Record refinancing, lender consent and release evidence as separate implementation requirements.
Keep an unallocated joint debt marked “Unresolved”. The draft retains its entered amount and flags the missing allocation. Add any disputed valuation or missing document to unresolved instructions.
Use the Queensland or Other Jurisdiction Setting
The Queensland setting records a Queensland matter and retains the same drafting schedules. It does not select a binding instrument. Legal Aid Queensland distinguishes informal and formal property agreements.
Choose Western Australia to name the Family Court of Western Australia in the review checklist. A Western Australian de facto matter also flags the Family Court Act 1997 for the solicitor’s review. The court’s consent-order guidance explains its application and supporting-document requirements. Choosing a state does not establish jurisdiction or make this draft binding.
Choose the Binding Instrument With Your Lawyer
Use the generated terms as drafting instructions while the solicitor selects the appropriate legal instrument. The Federal Circuit and Family Court of Australia explains statutory financial agreements, including independent advice and technical requirements.
| Document | Role and next step |
|---|---|
| Working draft | Records entered instructions and unfinished terms for legal review. Complete disclosure and settle the remaining instructions. |
| Consent orders | Proposed orders require a court application and the court’s decision. Prepare the applicable forms and supporting documents. |
| Financial agreement | Requires the applicable legislation’s advice and formal requirements. Each party obtains independent legal advice before signing. |
Complete disclosure and confirm the property records before finalising the instrument. Check advice statements, signing capacity and actual execution dates separately from the browser’s generation result.
Read the property settlement agreement guide for the available binding routes and the binding financial agreement guide for independent advice requirements. Use the property settlement calculator to explore allocation arithmetic before recording agreed terms here.