Ok, so far we know that you are still married and separated from your spouse, but you are not yet divorced. If this is the case, read on.
Agreements for Separated couples whether or not you are still living under the one roof.
You may be living separately or you might still be living in the same house (known as being separated under the one roof). Either way, the document you need is a separation financial agreement made under section 90C of the Family Law Act.
Matters relating to children are best resolved by mutual agreement in separate documents from the financial agreement, such as a Parenting Plan or Child Support Agreement, depending on your needs. We explain why in these FAQ’s.
From the perspective of dividing your assets and liabilities, there is usually a house (or several properties) involved. Properties may be sold and the proceeds divided, or as is often the case, one partner remains in the property and some money changes hands.
When it comes to superannuation, you need to decide if each party will keep their own superannuation entitlements as they are, or if one or both super funds will be split.