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We’ve guided thousands of married and de facto couples through the separation process. We understand the emotional and practical challenges you’re facing, from deciding where you’ll live to navigating parental responsibilities and dividing assets.
That’s why we’ve developed a solution that not only simplifies the separation process but also saves you thousands of dollars in legal fees. Watch the video for a quick overview of our process.
We can show you how to finalise a legally Binding Financial Agreement that will be enforceable in the Family Court for just $ in most cases (Financial Agreement Kit at $ plus fixed price Legal Review Service from $).
Our approach offers:
From our easy-to-use agreement templates to our fixed-price Legal Advice service, we provide the tools and support you need to move forward.
See how Easy it is to finalise your Property Settlement – Watch This Quick 1-Minute Overview!
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This kit is suitable for any type of separation – married or de facto.
There are four options available to finalise the division of your assets. They are:
While each option has its merits, Binding Financial Agreements often prove to be the most peaceful and cost-effective way to settle property matters.
| Verbal or Written Private Agreement | Consent Orders | Court Proceedings | Binding Financial Agreements | |
|---|---|---|---|---|
| Description | Agreed division of assets without formal legal documentation. | Court-reviewed agreement on asset division. | Court-decided asset and family issue resolution. | Legally binding private agreement on property division. |
| Legally Binding | No | Yes | Yes | Yes |
| Court Involvement | No | Yes | Yes | No |
| Process | Simple handshake or written agreement. | Submit details to Court for review and consent. | Court makes a decision after dispute resolution attempts. | Private agreement reviewed by lawyers. |
| Cost | Low | Moderate | High | Low – Moderate |
| Flexibility | High | Moderate | Low | High |
| Best For | Low-value assets | Agreed divisions needing legal recognition | Disputed divisions | Agreed divisions seeking legal certainty without court |
| Time Limits – Married | None | 1 year after divorce | 1 year after divorce | None |
| Time Limits – De Facto | None | 2 years after separation | 2 years after separation | None |
Whilst every couple is unique, every property settlement is essentially the same. The couple own assets and debt, and they need to work out an equitable way to divide the assets and debt between them.
They want to deal with issues like:
A Binding Financial Agreement (BFA) allows you to legally document how you would like to divide your finances without going to Court.
It covers the division of Assets, Liabilities, Property and Maintenance.
It is suitable for de facto and married/divorced couples. If married, the agreement is suitable whether you are newly separated or have been divorced for some time.
You cannot deal with children’s matters such as access or financial support in a financial agreement but you can use a Parenting Plan or Child Support Agreement to address those issues.
We’ve helped thousands of couples finalise their property settlement with a BFA
Consider Natalie’s experience:
After separating from her husband, Natalie wanted to create a separation agreement quickly and affordably. When her ex-husband consulted a lawyer, they were shocked to hear it could cost between $10,000 to $50,000. That’s when they discovered RP Emery’s services.
“It was simple, it was quick, we could download it, we could do it at home, we could do it without having to go out of the building to speak to anybody because we both work full-time so it was nice to just get it done quickly and easily,” Natalie shared.
Or take Chris’s story:
Chris used our services twice – once for a separation agreement and later for a pre-nuptial agreement. In his first experience, despite initially agreeing with his ex-wife on amicable terms, outside interference led to costly legal battles. Chris noted, “The Agreement drafted by the lawyers engaged by myself and my ex-wife essentially mirrored the RP Emery Pro-forma; my legal bills amounted to some A$13,000 and I understand my ex-wife’s bills were above $18,000.”
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Instead of spending tens of thousands like Chris did initially, or risking a $10,000 to $50,000 bill like Natalie was quoted, both were able to finalise their settlements for a fraction of the cost by using our services.
You get:
Get Started Now – Download Financial Agreement for Separation
The grey boxes indicate form fields where you enter your personal information. You can use the Find and Replace function to quickly add repeating information like a parties first name.
In some places you will choose one option and delete the other. It’s all straightforward because the template is an editable Word document and you can refer to the User’s Guide which breaks down every clause so you understand what it all means.
We’re showing a Sample page from the Separation Agreement for Married Couples- You will choose the right agreement for you when you get to the Members Area
The separation agreement contains provisions for the sale or transfer of property. This page shows sale of property.
Get Started Now – Download Separation Kit
If for any reason you are not completely satisfied with your purchase or our service, please phone our office on 1800 608 088 within seven (7) days of purchase and we will rectify the situation, issue a refund, or offer a credit towards future purchases.
What is a Binding Financial Agreement (BFA)?
A Binding Financial Agreement (BFA) is a legal contract that adheres to the requirements of parts VIII A or VIII AB of the Family Law Act. This agreement allows you and your partner to formally document how your assets, liabilities, property, and maintenance would be divided in the event of a separation, without the need for court involvement.
How does a BFA differ from other property settlement options?
A BFA is different to other property settlement options because it helps you avoid court, is legally binding and keeps you in control of the settlement process.
What are the legal requirements for a BFA to be binding?
Under the Family Law Act 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 Legal Review Service allows you to obtain the required legal advice for a fixed fee of $ (which covers both parties)
Can I complete a BFA without going to court?
Yes, in fact BFA’s were introduced to help ease the burden on the family court system. By allowing couples to pre-emptively agree on the division of their assets, liabilities, property, and maintenance in the event of a separation, binding financial agreements provide a way to resolve financial matters privately and efficiently, reducing the need for court intervention.
What is included in the RP Emery Separation Agreement Kit?
Our kit includes the financial agreement template, Users Guide, a dedicated members area, our unbeatable customer support, access to the assessment of your draft agreement and the Legal Review Service, PLUS a bonus Will Kit.
How much does it cost to create a BFA using your service?
We can show you how to finalise a legally Binding Financial Agreement that will be enforceable in the Family Court for just $ in most cases (Financial Agreement Kit at $ plus fixed price Legal Review Service from $).
What support is available if I have questions during the process?
Apart from the comprehensive users guide and members area, you can call us at any time to discuss your document.
Can I use a BFA if I’m already separated or divorced?
Yes
How do I get my Separation Agreement reviewed by a lawyer?
After completing your draft separation agreement by adding your details and outlining your proposed division of property, simply send it to us for evaluation. We will review your document to ensure it is correctly completed and meets the criteria for our fixed-fee service. Once it is approved, you can proceed to purchase the Legal Review Service and consult with your allocated family law specialist
What happens if my ex-partner and I disagree on the terms?
Mediation and counselling are great tools for couples who cannot agree on terms.
Unlike using lawyer to fight your battle, mediation encourages a collaborative approach, centred on finding mutually acceptable solutions, allowing the parties to work together to resolve issues their issues.
Instead of sticking rigidly to your positions, it’s often more beneficial to seek compromise and preserve the property pool. This approach can save you from incurring thousands in legal fees, which can accumulate quickly when lawyers charge $450 + gst per hour just for exchanging emails. Additionally, going to court could cost each party $30,000 to $50,000, with no certainty of achieving the desired outcome.