De facto separation with super split
OK, so now we know you need a de facto separation agreement with super split provisions. Read on...
De Facto Separation and Property Settlement
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.
Legal Professionals have 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 “compliant superannuation fund” until retirement age and therefore, are not normally available as cash.
We’ve created this process to make dealing with the superannuation splitting component of your agreement as painless as possible. When you complete the BFA Planner you simply 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.
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.
Get started from $49 – full pricing and process below.
Suitable for all separating and divorced couples
Buy Separation Agreement Kit Now – Just $49
This Video explains how our system works
There’s an important additional step that applies to superannuation splits. Before the Legal Advice stage can begin, your draft agreement needs to go to your super fund for approval. Super funds are required to respond within 28 days, though the overall process can take longer depending on the fund. We’ve worked with most of the major funds over the years, so we’re familiar with how they like agreements to be set out – which helps avoid unnecessary delays.
Once your super fund has approved the draft, you move to the Legal Advice stage.
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 1975 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.
This video explains how our system works.
Fixed Pricing — No Nasty Surprises
| Step | What’s Included | Price (inc GST) |
|---|---|---|
| 1. BFA Planner | Download, complete, and submit the BFA Planner – categories and approximate values only, no exact account numbers needed. Yours to keep regardless of what happens next. | $49 |
| 2. Submit & Confirm | We check we’ve understood your situation and intentions before anything proceeds – catching any gaps early, before you commit to the next stage. | Complimentary |
| 3. Fine-Tune | Your matter formally begins. We work through the finer detail together by phone and email – the points people often miss – getting your agreement ready for final Legal Review. | $990 |
| 4. Legal Review | Final payment unlocks the Legal Advice stage where both parties receive legal advice and certification from two independent lawyers, one for each of you. This is required to make your financial agreement binding. | $2,260 |
| 5. Sign | Once your lawyers are satisfied, you’ll receive the finalised version to sign. | — |
| Total Cost for Two People | $3,299 | |
Applies to most customers — complex structures (e.g. multiple companies, family trusts) may involve additional fees, confirmed with you before proceeding.
“Hi Ian, I can’t thank you enough for the great service I received from you and your team. When I had queries, I received prompt replies. Several times you replied by telephone. This is unheard of from most online businesses. I am also grateful for the amount of money I saved, unbelievable. I have no hesitation in recommending you to family and friends.”
– John V
Quick Answers Before You Start
Can we do everything remotely? Yes – entirely. The kit is downloaded instantly. Your completed BFA Planner is submitted online. The solicitor appointments are conducted by phone or Zoom. You never need to visit an office. This works just as well whether you’re in the same city or on opposite sides of the country.
What if we have superannuation to divide? The BFA Planner covers superannuation too. Note that super splitting involves an additional step: your super fund needs to approve the draft superannuation agreement before you proceed to the Legal Advice stage. We’ll guide you through this.
Is the Certificate of Legal Advice guaranteed? In the vast majority of cases, yes. In rare circumstances a solicitor may identify a concern – such as evidence of duress or undisclosed assets – that prevents them from issuing the Certificate. If this occurs we’ll discuss it with you directly. It happens very rarely, but we believe in being upfront about it.
Get Started with a Separation Agreement Kit- Just $49
Forget Legal Jargon and blank legal Forms
Getting started here means answering a set of plain-English questions about your situation – in your own words, at your own pace.
We’ll ask about what you own and owe: property, super, savings, debts, vehicles, etc, and how you wish to divide it.
The completed BFA Planner is yours to keep and serves as a properly organised record of your property and finances, which is what a thorough property settlement needs.
It’s a Word document you can save, step away from, and come back to. Nothing is sent anywhere until you choose to send it – so there’s no pressure to have every answer ready before you start.
When you do send your completed Planner to us for review, that’s what gets things moving. Your answers are used to build your draft Financial Agreement, drawing on the framework we’ve refined across thousands of BFAs since 2009 – reviewed personally by our team.
Then our team will be in touch. If your arrangement fits within the scope of the Legal Review Service, we’ll confirm it and talk you through what happens next; if it isn’t quite there yet, we’ll explain why and what still needs sorting.
If it’s ready to proceed, a payment of $990 gets your matter formally underway. From there, we work through the finer detail together by phone and email – the points people often miss – getting your agreement ready for the next stage.
Once that’s done, the final balance payment of $2,260 unlocks the next stage: two independent lawyers – one for each of you. They provide the advice and certification the Family Law Act requires. Your lawyer will finalise your agreement and provide the final version ready for signing.
Get Started with a Separation Agreement Kit- Just $49
“Everything that was promised was delivered. The process was extremely easy to follow, excellent service by Ian when I needed specific information and more importantly stress free! Timeframe was short and the Lawyers that were assigned were equally as prompt and helpful.”
– Alison B.
How to Obtain the Required Legal Advice at a Fixed Price
Important note: under the Family Law Act 1975, a financial 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 to assist you in completing the legal advice component of your agreement at a low fixed rate of just $3,250 for both parties.
A Look at What We Actually Ask
No dense legal clauses to wade through here – just plain questions about your situation, with enough detail to meet the law’s disclosure requirements and no more. Below is a look at a few sample questions from the questionnaire, so you can see how the document is set out.
You can use this Separation Kit if you are separated (married or de facto), divorced or splitting Superannuation. This Kit covers all scenarios.
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.
Get Started with a Separation Agreement Kit- Just $49
What our customers say
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
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.