When a de facto couple separates, the spouses may sign a separation agreement. The agreement specifies
- how the couple’s property will be divided up;
- who will have custody of the children and the visiting and outing rights of the non-custodial parent;
- the amount of the child support payments;
- the financial compensation payable, if any.
A separation agreement is a contract between individuals. A separation agreement may be made even if the couple already has a cohabitation contract, or it may make changes to the contract.
An agreement may be drawn up as part of an application for child custody, support payments or rights of access, and may be approved by the judge.
To sign a separation agreement, write out an agreement with your former spouse or contact a lawyer.
If you cannot agree on the terms of the agreement, contact a family mediator, lawyer, marriage counsellor or, as a last resort, the courts.
Couples living in a de facto union who plan to separate.
Condition
To conclude the seperation agreement, the facto couple seperates must be agree on the terms of the separation.
