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Divorce Agreement

Who should use a Divorce Settlement Agreement?

Divorced couples who wish to finalise, all matters of a financial nature in dispute between them, including spousal maintenance, child maintenance and the division of property. As long as the coupe are communicative and willing to resolve their issues they can be resolved by entering into a Financial Agreement.

Provided for under the Family Law Act 1975, Section 90D refers to Financial Agreements after the divorce order is made. Like other Financial Agreements, section 90D focuses on the division of financial resources of both parties and maintenance of either party after the couple has divorced.

90D Financial agreements (Divorce Agreement) negate the need for the couple to
enter court proceedings, reducing the risk of extended litigation and providing
certainty of outcome.

Reaching an amicable property settlement quickly about debts, assets
and maintenance offers the divorced couple many advantages;

  • You get to make your own choices
  • You significantly reduce the financial and
    emotional costs of taking the matter to court
  • You can ensure more open
    communication
    with your former partner increasing the likelihood of improved
    conflict resolution
    in the future
  • Your ongoing relationship as parents, if you
    have children, is likely be more harmonious and you can quickly move forward making a new life without the strain of ongoing
    disputes.

Making a Financial Agreement allows you to decide how to divide joint
financial resources rather than having the court impose a decision for you.

For just $ our Divorce Settlement Agreement kit provides the framework for a compliant property settlement contract that will save you hundreds and possibly thousands of dollars. Not to mention the wasted time and anxiety that comes with protracted litigation.

Sitting down with your partner now to work out what your agreement needs to achieve, before you both run off to the lawyers, will save you considerable time, your lawyers time and your money. Furthermore you’ll minimise the risk of having a lawyer draft a one sided agreement that fails to reflect the needs of either party.

If you are a De facto couple (hetero or same-sex) and not married you can still make a financial agreement under s90UDof the Family Law Act

This comprehensive Financial Agreement Kit has been drafted to comply with section 90D of the Family Law Act 1975. It provides all the guidance you need to create a legally binding, protective Settlement Agreement.

Your financial agreement kit includes a comprehensive manual that explains the law as it applies to this agreement. It will show you in simple terms how to thoroughly cover important legal requirements, and how to complete your agreement in detail. In addition, it contains alternative legal clauses and provisions you can use to personalise your agreement.

  • The 90D Financial Agreement template
  • An easy-to-follow instruction manual
  • Sample agreements and several sample clauses to assist you in drafting your own professional agreement.

Important note: Under the Family Law Act this agreement is binding only when it is signed by both parties and contains a certificate confirming that each party has obtained independent legal advice prior to signing the agreement.

Our financial agreement review service is available as an option with this agreement.

Sample Document Excerpt




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