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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
SPOUSE 2
James T. O'Brien
45 George Street, Melbourne VIC 3000
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).
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 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 agree that this Agreement may be incorporated into any divorce order without further consideration, and the Parties intend to seek the registration of financial matters as Consent Orders in the Family Court of Australia or 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) ss. 90C and 90G, 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 the rights of that Party 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; (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 the Family Law Act 1975 (Cth) Part VIII, 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.
4.
SUPERANNUATION SPLITTING
The Parties acknowledge that superannuation interests are dealt with under the Family Law Act 1975 (Cth) Part VIIIB 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.
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.
6.
PARENTING ARRANGEMENTS
The Parties agree to equal shared parental responsibility in respect of the child(ren) of the marriage, in accordance with the Family Law Act 1975 (Cth) Part VII. The Parties acknowledge that the paramount consideration in all decisions relating to the child(ren) is their best interests as required by the Family Law Act 1975 (Cth) s. 60CA.

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.

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 parental responsibility is shared.
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 relevant administrative assessment issued by Services Australia (formerly the Child Support Agency).

Child support obligations shall continue until each child: (a) turns 18 years of age; or (b) ceases to be an eligible child as defined under the Child Support (Assessment) Act 1989 (Cth); or (c) as otherwise varied by agreement or by 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.
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.
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) and Part VII (parenting). Until such Consent Orders are obtained, this Agreement operates as a Binding Financial Agreement (BFA) under the Family Law Act 1975 (Cth) ss. 90C and 90G 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.
10.
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.
11.
GOVERNING LAW
This Agreement is governed by the laws of the Commonwealth of Australia, including the Family Law Act 1975 (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 and the Family Court of Australia for all matters arising under this Agreement.
12.
GENERAL PROVISIONS
Entire Agreement: This Agreement constitutes the entire agreement between the Parties with respect to all matters dealt with herein and supersedes all prior negotiations, representations, and understandings. 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 Effective Date first written above.
SPOUSE 1
Emma L. Watson
Date: ____________________
SPOUSE 2
James T. O'Brien
Date: ____________________

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. 1

    Enter Your Details

    Provide full legal names, dates of birth, and relationship dates.

  2. 2

    Record Parenting Arrangements

    Document where the children live, time with each parent, and key decisions.

  3. 3

    Divide Property and Debts

    Allocate the family home, vehicles, superannuation, savings, and liabilities.

  4. 4

    Set Financial Arrangements

    Address child support and any spousal maintenance.

  5. 5

    Review and Sign

    Each party reviews, ideally obtains legal advice, signs, and keeps a copy.

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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