You can get a financial agreement before, during or after a marriage or a de facto relationship. These agreements can cover: a separation agreement is a document you make if you want to stop living as a couple, explaining the arrangements you want to make for things like finance, children and property. You can use one, whether you`re married or unmarried. If you are married, you can use a separation agreement to agree on the terms of your separation before entering into divorce agreements. If you live together and you are not married, you can also find an agreement like this useful because common law partners are not protected by laws in the same way as married couples. Technically, no. Although the separation agreement may constitute a formal legal document, it is not technically legally binding when properly established by experienced lawyers. A separation agreement is not a court decision and the court is generally not involved in the establishment. But it is a contract – so it can be challenged in court in the same way as any other treaty.

That is why it is important that it is properly written by a lawyer. They must show the court that the agreement is fair before making approval decisions. The Family Act defines how fairness is decided. There are many advantages to an agreement with the other party, for example: it is also important that each separation agreement complies with legal conventions – and according to legal standards – so that it can be brought to justice. The law allows married or de facto couples to make legally binding (opposable) financial arrangements on their property. These agreements can be concluded before, during or at the end of a relationship. Pre-marriage financial agreements are often referred to as “pre-marital agreements.” To terminate or amend financial agreements, you need to prove that you can learn more about why you want to use a separation agreement and what they might cover here. When you have separated, the Rix-Kay Family team will advise you on your rights and options regarding your children and your financial situation. For more information on the process of formalizing your agreement, please visit How do I – Apply For Property and Financial Orders and Applying to the court for orders fact sheet. Both need independent legal advice on the content of the agreement and comprehensive information on their own financial situation.

For a financial agreement to be legally binding, you must have both: as part of the process, you can also call on other professional experts such as accountants and financial advisors, so that you can also benefit from their knowledge and skills.