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Separation Agreement Template
A separation agreement records the arrangements you and your partner have reached about property, finances, and parenting after separating. Use our free Australian template to document your agreement in a clear, respectful way that reflects the principles of the Family Law Act 1975 (Cth) — and to preserve your options for a binding financial agreement or consent orders if you choose.
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SEPARATION AGREEMENT
State Of New South Wales, Australia
SPOUSE 1
Emma L. Watson
12 Wattle Drive, Sydney NSW 2000
DOB: 14 June 1985
Occupation: Marketing Manager
Phone: +61 2 9876 5432
Email: emma.watson@email.com.au
DOB: 14 June 1985
Occupation: Marketing Manager
Phone: +61 2 9876 5432
Email: emma.watson@email.com.au
SPOUSE 2
James T. O'Brien
45 George Street, Melbourne VIC 3000
DOB: 3 October 1983
Occupation: Civil Engineer
Phone: +61 3 9876 5432
Email: james.obrien@email.com.au
DOB: 3 October 1983
Occupation: Civil Engineer
Phone: +61 3 9876 5432
Email: james.obrien@email.com.au
Married: 20 September 2012
Separated: 1 January 2026 · Sydney, New South Wales
This Separation Agreement (this "Agreement") is entered into between Emma L. Watson ("SPOUSE 1") and James T. O'Brien ("SPOUSE 2"), collectively referred to as the "Parties." The Parties were married on 20 September 2012 in Sydney, New South Wales and have been living separate and apart since 1 January 2026. The Parties wish to settle all matters arising from their marriage and separation on fair and reasonable terms, in accordance with the Family Law Act 1975 (Cth) (as amended by the Family Law Amendment Act 2023 (Cth) which commenced on 6 May 2024).
1.
SEPARATION
The Parties confirm that they have been living separate and apart since 1 January 2026 with no reasonable prospect of reconciliation. This Agreement does not itself constitute a divorce but is intended to settle all issues arising from the breakdown of the marriage. Under the Family Law Act 1975 (Cth) s. 48(2)(a), either Party may apply for divorce after living separate and apart for at least twelve (12) months. The Parties acknowledge that property-settlement applications must generally be made within twelve (12) months of a divorce order taking effect (FLA s. 44(3)). The Parties intend to seek the registration of financial matters as Consent Orders in the Federal Circuit and Family Court of Australia.
2.
INDEPENDENT LEGAL ADVICE
Both Parties acknowledge that they have been advised to obtain, and have had the opportunity to obtain, independent legal advice (ILA) from a solicitor of their own choosing prior to executing this Agreement. For this Agreement to operate as a Binding Financial Agreement (BFA) under the Family Law Act 1975 (Cth) — under sections 90C and 90G for married couples or sections 90UC and 90UJ for de facto couples — each Party must have received a signed statement from an Australian legal practitioner stating that advice was provided regarding the effect of the Agreement on that Party's rights and its advantages and disadvantages to that Party. Each Party confirms that: (a) they have read this Agreement in its entirety; (b) they understand the nature and consequences of this Agreement; and (c) they are signing this Agreement freely and voluntarily, without duress or undue influence.
3.
DIVISION OF PROPERTY
The Parties agree to divide their property in accordance with Part VIII of the Family Law Act 1975 (Cth), which governs the division of property for married couples in Australia on a federal basis (not state-based).
• Family Home (8 Harbour View Crescent, Balmain NSW 2041): The family home shall be listed for sale within thirty (30) days of execution of this Agreement. The net proceeds (after payment of all outstanding mortgage amounts, real estate commissions, legal fees, and settlement costs) shall be divided as agreed by the Parties in writing.
Joint savings account at Commonwealth Bank to be divided equally.
Spouse 1 retains 2022 Toyota RAV4.
Spouse 2 retains 2020 Mazda CX-5.
Share portfolios to be transferred to respective holders.
• Family Home (8 Harbour View Crescent, Balmain NSW 2041): The family home shall be listed for sale within thirty (30) days of execution of this Agreement. The net proceeds (after payment of all outstanding mortgage amounts, real estate commissions, legal fees, and settlement costs) shall be divided as agreed by the Parties in writing.
Joint savings account at Commonwealth Bank to be divided equally.
Spouse 1 retains 2022 Toyota RAV4.
Spouse 2 retains 2020 Mazda CX-5.
Share portfolios to be transferred to respective holders.
4.
SUPERANNUATION SPLITTING
The Parties acknowledge that superannuation interests are dealt with under the Family Law Act 1975 (Cth) Part VIIIB (married) / Part VIIIAB Division 4 (de facto) and the Superannuation Industry (Supervision) Act 1993 (Cth). Superannuation splitting orders, whether by consent or court determination, direct a portion of one Party's superannuation to the other Party's fund or to a new interest in the same fund. Spouse 1 holds superannuation with Australian Retirement Trust (ART).
Spouse 2 holds superannuation with AustralianSuper.
Parties to obtain formal valuations and negotiate a splitting order.
Spouse 2 holds superannuation with AustralianSuper.
Parties to obtain formal valuations and negotiate a splitting order.
5.
DIVISION OF DEBTS
The Parties agree to allocate their debts and financial obligations as follows:
Mortgage on family home to be paid from sale proceeds.
Spouse 1 assumes Westpac Visa card ending in 4521.
Spouse 2 assumes ANZ line of credit.
Each Party shall indemnify, defend, and hold harmless the other Party from any claim, loss, damages, costs, or liability arising from any debt or obligation allocated to them under this Agreement.
Mortgage on family home to be paid from sale proceeds.
Spouse 1 assumes Westpac Visa card ending in 4521.
Spouse 2 assumes ANZ line of credit.
Each Party shall indemnify, defend, and hold harmless the other Party from any claim, loss, damages, costs, or liability arising from any debt or obligation allocated to them under this Agreement.
6.
PARENTING ARRANGEMENTS
The Parties agree to joint decision-making in respect of all major long-term issues in respect of the child(ren) of the marriage, in accordance with the Family Law Act 1975 (Cth) Part VII (as amended by the Family Law Amendment Act 2023 (Cth) effective 6 May 2024). The Parties acknowledge that the presumption of equal shared parental responsibility (formerly s. 61DA) was repealed by the 2023 amendments, and that the paramount consideration in all decisions relating to the child(ren) is their best interests as set out in the new section 60CC, with the safety of the child(ren) and persons who have the care of them being the foremost consideration.
Children of the marriage:
Olivia Watson-O'Brien, born 12 March 2016
Liam Watson-O'Brien, born 7 August 2018
Parenting schedule and time spent:
Equal shared care: Week-on week-off arrangement. School holiday periods to alternate annually. Both Parties to communicate via co-parenting app (e.g. OurFamilyWizard).
Both Parties agree to act at all times in the best interests of the child(ren) and to facilitate a meaningful relationship between the child(ren) and both parents, provided this is consistent with the safety of the child(ren). Neither Party shall make any major long-term decision about the child(ren) without consulting the other Party where joint decision-making applies. The Parties acknowledge the obligation to give effect to any orders or recommendations of the Family Court arising from the new "best interests" framework, including any consideration of Aboriginal or Torres Strait Islander cultural connection where relevant.
Children of the marriage:
Olivia Watson-O'Brien, born 12 March 2016
Liam Watson-O'Brien, born 7 August 2018
Parenting schedule and time spent:
Equal shared care: Week-on week-off arrangement. School holiday periods to alternate annually. Both Parties to communicate via co-parenting app (e.g. OurFamilyWizard).
Both Parties agree to act at all times in the best interests of the child(ren) and to facilitate a meaningful relationship between the child(ren) and both parents, provided this is consistent with the safety of the child(ren). Neither Party shall make any major long-term decision about the child(ren) without consulting the other Party where joint decision-making applies. The Parties acknowledge the obligation to give effect to any orders or recommendations of the Family Court arising from the new "best interests" framework, including any consideration of Aboriginal or Torres Strait Islander cultural connection where relevant.
7.
CHILD SUPPORT
James T. O'Brien shall pay Emma L. Watson the sum of 1,500.00 AUD per month as child support, calculated in accordance with the child support assessment formula under the Child Support (Assessment) Act 1989 (Cth) and the administrative assessment issued by Services Australia.
Child support obligations shall continue until each child: (a) turns 18 years of age; (b) ceases to be an eligible child as defined under the Child Support (Assessment) Act 1989 (Cth); or (c) is otherwise varied by agreement or order of a court of competent jurisdiction. The Parties agree to provide updated income information to Services Australia annually and to notify each other of any material change in circumstances within 28 days. A Binding Child Support Agreement may be lodged with Services Australia to give this provision statutory enforceability — both Parties acknowledge this Agreement does not by itself constitute a Binding Child Support Agreement unless lodged and registered.
Child support obligations shall continue until each child: (a) turns 18 years of age; (b) ceases to be an eligible child as defined under the Child Support (Assessment) Act 1989 (Cth); or (c) is otherwise varied by agreement or order of a court of competent jurisdiction. The Parties agree to provide updated income information to Services Australia annually and to notify each other of any material change in circumstances within 28 days. A Binding Child Support Agreement may be lodged with Services Australia to give this provision statutory enforceability — both Parties acknowledge this Agreement does not by itself constitute a Binding Child Support Agreement unless lodged and registered.
8.
SPOUSAL MAINTENANCE
Each Party waives any present or future claim to spousal maintenance from the other Party under the Family Law Act 1975 (Cth) ss. 72-77. Both Parties confirm that this waiver is made with full knowledge of each Party's financial circumstances, that they have had the opportunity to obtain independent legal advice, and that each Party is currently able to support themselves adequately.
9.
INFORMATION SHARING AND PRIVACY
The Parties acknowledge the operation of the Family Law Amendment (Information Sharing) Act 2023 (Cth) which commenced on 6 May 2024, enabling the Federal Circuit and Family Court of Australia to obtain information from State and Territory agencies (police, child protection, family violence services) about risks to children and parties in family law proceedings. The Parties consent to the lawful sharing of such information by relevant agencies to the Court when required for the welfare and safety of the child(ren). Each Party shall handle the other's personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and shall not disclose to third parties (other than legal advisors, mediators, or government agencies) personal information obtained in connection with this Agreement.
10.
CONSENT ORDERS
The Parties acknowledge that, for property-settlement provisions to be fully enforceable and binding in Australia, it is advisable to apply to the Federal Circuit and Family Court of Australia for Consent Orders under the Family Law Act 1975 (Cth) s. 79 (property under Part VIII) and Part VII (parenting). Until such Consent Orders are obtained, this Agreement operates as a Binding Financial Agreement (BFA) under the relevant Part VIIIA (married) or Part VIIIAB Division 5 (de facto), provided that each Party has received independent legal advice and the Agreement is signed by both Parties and their respective solicitors. The Parties agree to cooperate in filing any application for Consent Orders within ninety (90) days of the execution of this Agreement.
11.
MUTUAL RELEASE
Subject to the provisions of this Agreement, each Party hereby fully and finally releases the other Party from all claims, demands, and causes of action arising from the marriage or its breakdown, including without limitation claims for property division, superannuation splitting, and spousal maintenance, whether arising under the Family Law Act 1975 (Cth) or otherwise. This release shall not affect any rights expressly preserved in this Agreement, including any ongoing child support and parenting obligations.
12.
GOVERNING LAW
This Agreement is governed by the laws of the Commonwealth of Australia, including the Family Law Act 1975 (Cth) (as amended by the Family Law Amendment Act 2023 (Cth) effective 6 May 2024), the Family Law Amendment (Information Sharing) Act 2023 (Cth), the Child Support (Assessment) Act 1989 (Cth), and where applicable the laws of the State of New South Wales. The Parties submit to the jurisdiction of the Federal Circuit and Family Court of Australia for all matters arising under this Agreement.
13.
GENERAL PROVISIONS
Entire Agreement: This Agreement constitutes the entire agreement between the Parties with respect to all matters dealt with herein.
Amendment: No amendment shall be effective unless made in writing and signed by both Parties.
Severability: If any provision is found invalid or unenforceable, it shall be severed and the remaining provisions shall remain in full force.
Financial Disclosure: Both Parties confirm that they have made full and frank disclosure of their financial circumstances to each other, as required by the Family Law Act 1975 (Cth) and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
Counterparts: This Agreement may be executed in counterparts. Electronic signatures are valid under the Electronic Transactions Act 1999 (Cth) and equivalent State legislation.
Amendment: No amendment shall be effective unless made in writing and signed by both Parties.
Severability: If any provision is found invalid or unenforceable, it shall be severed and the remaining provisions shall remain in full force.
Financial Disclosure: Both Parties confirm that they have made full and frank disclosure of their financial circumstances to each other, as required by the Family Law Act 1975 (Cth) and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
Counterparts: This Agreement may be executed in counterparts. Electronic signatures are valid under the Electronic Transactions Act 1999 (Cth) and equivalent State legislation.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
SPOUSE 1
Emma L. Watson
Date: ____________________
SPOUSE 2
James T. O'Brien
Date: ____________________
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What Is a Separation Agreement?
A separation agreement is a written document in which separated married or de facto partners record the arrangements they have agreed on following separation. It typically covers division of property, responsibility for debts, ongoing financial support, arrangements for children, and practical matters such as the family home, superannuation splits, and tax filing.
In Australia, separation agreements are not automatically binding as between the parties. To be fully binding and enforceable without court intervention, the arrangements must be recorded either as a binding financial agreement (BFA) under sections 90B–90KA (married) or 90UA–90UN (de facto) of the Family Law Act 1975 (Cth), with each party having received independent legal advice, or as consent orders made by the Federal Circuit and Family Court of Australia under section 79 or 90SM of the Family Law Act.
A standalone separation agreement is nevertheless valuable. It records the common intentions of the parties at a moment of clarity, guides practical arrangements (for example, who lives in the home, who pays which debts, how children spend time with each parent), and serves as the foundation for a later BFA or consent orders. Many amicable separations begin with a written separation agreement and never need court intervention.
What's Covered in This Template
Our separation agreement template records the key arrangements reached after separation.
Party Details
Full legal names, date of birth, and date of marriage or commencement of de facto relationship.
Date of Separation
Declared date of separation relevant to property and divorce time-limits.
Children of the Relationship
Names, dates of birth, and primary residence of children.
Parenting Arrangements
Where children live, time with each parent, school, and decision-making.
Child Support
Amount and payment arrangement for child support or reference to CSA assessment.
Property and Asset Division
Division of the family home, vehicles, superannuation, and other assets.
Debt Responsibility
Allocation of mortgages, credit cards, and other liabilities.
Spousal Maintenance
Any ongoing support between the parties.
Superannuation
Agreement on splitting or dealing with superannuation interests.
Sale of Family Home
If applicable, timing and sharing of net proceeds.
Legal Advice Acknowledgement
Acknowledgement that each party has had the opportunity to obtain independent legal advice.
Future Steps
Intention to formalise the agreement through consent orders or a binding financial agreement.
How to Create a Separation Agreement
Follow these steps to record your agreed arrangements clearly and fairly.
- 1
Enter Your Details
Provide full legal names, dates of birth, and relationship dates.
- 2
Record Parenting Arrangements
Document where the children live, time with each parent, and key decisions.
- 3
Divide Property and Debts
Allocate the family home, vehicles, superannuation, savings, and liabilities.
- 4
Set Financial Arrangements
Address child support and any spousal maintenance.
- 5
Review and Sign
Each party reviews, ideally obtains legal advice, signs, and keeps a copy.
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Legal Considerations
A separation agreement records intentions; formalisation as a BFA or consent orders gives full legal enforceability.
This template is for informational purposes only and does not constitute legal advice. For a binding financial agreement or consent orders, independent legal advice is required by law.
Reviewed for Australian law
Family Law Act 1975 (Cth)
The Family Law Act 1975 (Cth) governs divorce, property settlement, and parenting arrangements for married and de facto couples throughout Australia (except Western Australia for de facto couples, which is covered by the Family Court Act 1997 (WA)). Part VIII (sections 75–90) covers property and maintenance for married couples; Part VIIIAB covers de facto relationships; Part VII governs children.
Binding Financial Agreements
A binding financial agreement under sections 90B–90KA (married) or 90UA–90UN (de facto) requires that each party has received independent legal advice from an Australian legal practitioner about the effect of the agreement and the advantages and disadvantages, and that a signed statement of that advice is annexed. Without these formalities, the agreement may be set aside by the court.
Consent Orders
Alternatively, parties can apply to the Federal Circuit and Family Court for consent orders under section 79 (property), section 81 (maintenance), or Part VII (parenting). Consent orders are fully enforceable and do not require ongoing independent legal advice — but the court must be satisfied the orders are "just and equitable" (section 79) and in the child's best interests (section 60CA).
Time Limits
Property applications must be filed within 12 months of divorce becoming final (for married couples) or 2 years of the end of the de facto relationship. A separation agreement should address these time frames. Leave may be granted in limited circumstances under section 44(3)–(6) of the Family Law Act.
Frequently Asked Questions
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