It includes all of the normal provisions or clauses you will find in our 90C 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 you wish to divide your 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 available as cash.

We’ve drafted the Separation Agreement Kit 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 a nominated sum (eg. $20,000).  This amount will be transferred or rolled over to the other party’s super fund.

You’ll be glad to know that all you need to do is complete the BFA Planner in the kit, to tell us about your personal situation and the precise draft agreement you need will be built from that.

Watch this Video to learn how to arrange your Super Split

Part 1 – The Agreement Kit ($49)

You start by downloading our plain-English Financial (Separation) Agreement kit. It includes the BFA Planner, a comprehensive User’s Guide, , and access to a Members Area that walks you through every stage. A bonus Will Kit is included at no extra charge. You complete the Planner yourself, at home, at your own pace. No legal knowledge required.

Part 2 – The Legal Review Service ($3,250 – covers both of you)

Under the Family Law Act 1975, both parties must receive independent legal advice from a separate solicitor before signing. This is not a formality, without it, the agreement can be set aside by a court at any time.

When splitting super your fund will need to approve the proposed split BEFORE you get the legal advice (watch video above).

Once your draft agreement is ready, Ian and his team personally review it. Once your Super Fund approves the draft, we will then arrange an independent family law solicitor for each of you. Advice sessions are done by phone or Zoom – no office visits, no time off work. Each solicitor issues a Certificate of Independent Legal Advice, both parties sign, and the agreement is legally binding*.

Kit + Legal Review Service: from $3,299 for both parties in most cases. Compare that to the $8,000–$15,000+ most couples pay going directly to a law firm – each.

*In most cases the process completes without issue and both Certificates of Independent Legal Advice are issued. Pricing applies to standard two-party agreements. More complex arrangements may vary.

This easy to use kit includes

• the separation agreement BFA Planner;
• an easy-to-follow user’s guide;
• access to our fixed price Document Review Service;
• plus bonus legal will kit.

Get Started with a Separation Agreement Kit- Just $49

Helpful information

We recommend grabbing a copy of this Frequently Asked Questions  booklet  produced by the Attorney General’s Department.

The Family Law Court’s page on Superannuation splitting laws.

Family Law (Superannuation) Regulations.