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De facto separation with super split

OK, so now we know you need a de facto separation agreement with super split provisions. Read on...

Ending a long term relationship is never easy and there can be much emotional and financial fallout as the couple negotiate the separation process.

By law, de facto couples are not required to formally document the end of the relationship.  You can just divide any assets or property between yourselves, and move on with your life.

However, such arrangements leave the door wide open for either party to make a future application to the family court for financial orders, essentially taking a second bite of the cherry.

Our lawyers drafted the following agreement specifically for a separated de facto couple who need to include super splitting in their property settlement.

It includes all of the normal provisions or clauses you will find in our 90UD binding financial agreement with the addition of  clauses that deal with the splitting of superannuation assets.  These extra clauses detail your instructions to the super fund trustee about how the couple wish to divide their superannuation entitlements.

Superannuation is special kind of asset which falls under superannuation laws like the SIS Act (Superannuation Industry Supervision Act). Payments made from one party to the other must be retained in an “approved deposit fund” until retirement age and therefore, are not normally available as cash.

You may have one or more funds you wish to split, but generally people will only split one fund, as it can get somewhat complicated and expensive if you are trying to coordinate more than one fund and trustee.

We’ve drafted this document to make dealing with the superannuation splitting component of your agreement as painless as possible.  You can express how you wish to divide the funds, either as a percentage  (eg. 60% / 40%), or as a nominated sum (eg. $60,000).  This amount should be transferred or rolled over to the other party’s super fund.

You simply need to use one of the two document templates provided in this kit.

It’s more straightforward than you might think

Some of these issues may seem a little daunting at first, but given the right template to start, some sample clauses and a little guidance, you will be surprised how straight forward it actually is.

Common property settlement issues include:

  • whether one party will pay financial support (spousal maintenance) to the other, which would be in addition to child support;
  • how to deal with savings, share portfolios, and other investments;
  • how to deal with future windfalls or an inheritance;
  • how to determine who retains ownership of furniture and household goods if agreement cannot be reached;
  • clarifying who is responsible for certain debts or liabilities;
  • clarifying ownership or control of family businesses, companies and trust accounts.

Living Under the One Roof?

It’s useful to know that even though most separated couples live apart in separate residences, the Act does provide for a couple to be classed as separated even though you may be living together under the one roof.  So you can still take care of the property settlement issues and live under the same roof.

This Video explains how our system works

Financial agreement kit for defacto couples who are separating and who wish to split superannuation interests

Separation Agreement Kit

The Kit includes everything you need to draft a binding Separation Agreement PLUS it gives you access to the Fixed price Legal Advice that you must obtain to finalise your Agreement.

$197.00 inc. GSTAdd to cart

At $197 Our Separation with Super Split Kit includes:

  • Two versions of the separation agreement with super split provisions based on whether the superannuation will be divided on a percentage basis or lump sum basis;
  • a Comprehensive User's Guide which answers most property settlement questions;
  • access to the Exclusive Members area which takes you through the process step-by-step;
  • Sample agreement - so you know what the completed agreement should look like;
  • Sample clauses - help you to tailor the document to your own situation - just cut and paste!;
  • a Bonus Will kit because you often need to update your Will after separation (worth $24.95)
  • Complimentary Separation Super Agreement assessment - we check your draft agreement to ensure it's ready for the lawyers and the mandatory Legal Advice. This is how we save you thousands of dollars in legal fees.
  • Access to fixed price Legal Advice so you can get your agreement certified without spending a fortune.
  • The Kit comes with our 30 day money back guarantee, and If for any reason you are not completely satisfied with your purchase, simply phone our office within (30) days and we will rectify the problem, or issue a refund.

Compare the Alternative

If you’ve already done your homework you will know that instructing a lawyer to draft an agreement for you from scratch could cost you literally thousands of dollars.

By the time you add up multiple visits to your lawyers office at over $350.00 per hour plus the time off work and travelling, it doesn’t take long to see where your money goes.

We understand that most people can’t afford to fork out thousands of dollars to finalise a property settlement. Every dollar you save in legal fees is a dollar you keep.

$197.00 inc. GSTAdd to cart

You can get started right now with our binding financial agreement kit for just $197

This is what the Agreement template looks like (Sample Excerpt)

 

Defacto Separation Agreement Template Sample 1

Easy to Use Template – Add your information to the grey fields

Defacto Separation with Supler Split Template Sample 2

Editable Template

Super Split Separation Template for defacto couples Sample

Assets and Liabilities Sample

You enter your assets and liabilities onto the schedules – one for each party, and one for jointly held property.

 

$197.00 inc. GSTAdd to cart

Unique Step by Step Process

5 step process

Our unique process gives you the tools and the confidence you need to finalise your property settlement with a minimum of stress.

We will show you what you need to do, and explain why you need to do it, so your agreement will be strong and stand the test of time.

Our role in the Peaceful Path to Settlement doesn’t stop once you download the agreement. We guide you every step of the way.

$197.00 inc. GSTAdd to cart

 

Let’s take a quick look at the Peaceful Path process

1

Download the Agreement Template Kit

The template is the blueprint for how your property settlement is going to look. You need one kit per couple.

2

Add your personal information to the template

You and your partner add your personal information to the agreement – what you own, what you owe and how it will be divided.

3

Submit the draft agreement to us for Assessment

We assess your draft and help you to caress those basic building blocks into a robust agreement that the lawyers will quickly understand and be able to advise you efficiently.

Because we maintain the high quality of the agreements the lawyers receive, they know how much work should be involved and that all adds up to substantial savings to you.

4

Get the Legal Advice

After your draft is approved you'll be able to purchase the Fixed Price Legal Review Service. Then we will allocate an independent Family Law Specialist to you and your ex-partner.

You will speak with your allocated lawyer over the phone or zoom from the comfort of your own home or office.

5

Sign the Final Agreement

Sign the finalised agreement and store it away safely

We work with you

In a nutshell – we work with you from start to finish. From the moment you download your agreement to the final signature. We know our stuff, our systems are finely tuned and our customers love us for it!

“The Separation Agreement template was easy to complete and the lawyer allocation process was fast and efficient. I would recommend this service to anyone who has a straightforward separation and needs the Agreement to satisfy the bank. 10/10 for your service!”

J Whittaker

See More Customer Stories

A word of warning

If you do decide to download a document from the internet, only a document drafted to comply with Australia’s Family Law Act and reviewed by an Australian lawyer will protect you. If you can’t speak in person to the staff of the company making the offer. Proceed with caution.

On the other hand if you want to speak with us, all you have to do is pick up the phone and call 1800 608 088.