Divorce Settlement Agreement (Australia)

Create an Australian Separation Agreement covering property settlement under s79 FLA, parenting arrangements under Part VII FLA, child support under the Child Support (Assessment) Act 1989, spousal maintenance, superannuation splitting under Part VIIIB, and debt allocation. Suitable for married couples and de facto couples separating in all Australian states and territories.

Create an Australian Binding Financial Agreement (prenuptial or postnuptial agreement) under Part VIIIA or Part VIIIAB of the Family Law Act 1975 (Cth). Covers property division, superannuation splitting under Part VIIIB, spousal maintenance, and full financial disclosure. Includes solicitor certificate provisions required under s90G.

A Child Custody Agreement is a written document that records the arrangements separated or separating parents in Australia have agreed for the care, welfare and development of their children. In Australian family law, the term 'custody' is no longer used in legislation — the Family Law Act 1975 (Cth) instead uses the language of 'parental responsibility', 'time with' and 'living arrangements'. However, 'child custody agreement' remains the term most commonly searched by Australian parents who need to formalise their post-separation parenting arrangements, and this document functions as a parenting plan under section 63C of the Family Law Act 1975 (Cth). The legal foundation for all parenting arrangements in Australia is Part VII of the Family Law Act 1975 (Cth). Section 60CA of the Act provides that the best interests of the child are the paramount consideration in any decision relating to children. Section 60B sets out the objects of Part VII, which include ensuring that children have the benefit of meaningful relationships with both parents and are protected from physical or psychological harm. Section 60CC specifies the factors a court must consider when determining a child's best interests, including the safety of the child, the child's own views, the nature of the child's relationship with each parent, each parent's willingness to facilitate the other parent's involvement in the child's life, and any family violence or history of abuse. The Family Law Amendment Act 2023 (Cth), which came into force in May 2024, significantly reformed Australian family law by removing the presumption of equal shared parental responsibility that had existed since 2006 under the former section 61DA. Under the current framework, there is no default presumption in favour of any particular arrangement. Each case is assessed on its individual merits against the section 60CC best interests factors. This makes it essential that parents set out their arrangements clearly in a written agreement that addresses all relevant aspects of the children's lives. Parental responsibility, as defined in section 61B of the Family Law Act 1975 (Cth), encompasses all the duties, powers, responsibilities and authority that parents have in relation to their children. This includes making significant long-term decisions about the children's education, healthcare, religious and cultural upbringing, and name. Under section 61C, each parent of a child under 18 has parental responsibility unless a court order provides otherwise. A Child Custody Agreement should clearly address whether parental responsibility for significant long-term decisions will be exercised jointly by both parents or primarily by one parent, and how the parents will share information about the children's welfare, health and education. The agreement must specify the living and contact arrangements — where the children will primarily reside, the regular term-time schedule, the school holiday arrangements, and special occasion provisions for Christmas, birthdays, Mother's Day, Father's Day and public holidays. Clear, specific schedules with defined handover times and locations reduce the scope for conflict and provide the children with certainty and stability. The contact schedule should reflect the children's needs and ages, recognising that younger children may benefit from more frequent shorter visits while older children and teenagers may prefer different arrangements. Communication provisions are equally important: both how the parents will communicate with each other about the children's welfare (including what information must be shared and within what timeframe), and how the children may maintain contact with the parent they are not currently with. International travel provisions are critical — Australia is a signatory to The Hague Convention on the Civil Aspects of International Child Abduction, implemented by the Family Law (Child Abduction Convention) Regulations 1986 (Cth), and removing a child from Australia without consent or a court order may constitute a criminal offence. Dispute resolution provisions should incorporate the requirement under section 60I of the Family Law Act 1975 (Cth) for parents to attend family dispute resolution (FDR) before making any application to the Federal Circuit and Family Court of Australia (FCFCOA) for a parenting order. The agreement operates as a parenting plan under section 63C of the Act, which means the most recent plan signed by both parents may operate to discharge an earlier parenting order to the extent of any inconsistency under section 64D. Parents who later want the protection of court enforcement can apply for consent orders to formalise the arrangements.

A Child Support Agreement is a private written arrangement between two parents in Australia that sets out the amount of child support to be paid, how and when it will be paid, and how additional expenses for the child will be met. It operates as an alternative to, or a variation of, an administrative assessment made by Services Australia (Child Support) under the Child Support (Assessment) Act 1989 (Cth). Australia's child support system is primarily administered by Services Australia under the Child Support (Assessment) Act 1989 (Cth) and the Child Support (Registration and Collection) Act 1988 (Cth). By default, when parents separate and one parent applies for a child support assessment, Services Australia calculates the amount payable using a formula based on both parents' incomes, the percentage of care each parent provides, and the age and number of children. However, the law expressly permits parents to reach their own private agreement under two different frameworks: Limited Agreements and Binding Agreements. A Limited Child Support Agreement under Part 6A of the Child Support (Assessment) Act 1989 (Cth) can only be made if an administrative assessment already exists or is about to be made, and the agreement must provide for at least the amount of the administrative assessment. A Limited Agreement can be terminated by either parent after three years by giving written notice, or at any time if there is a change in the administrative assessment of 15% or more. This makes it a more flexible option for parents whose circumstances are likely to change. A Binding Child Support Agreement under Part 6B of the Child Support (Assessment) Act 1989 (Cth) is more formal and binding. It can be made regardless of whether an administrative assessment exists, and can provide for more or less than the amount of the administrative assessment. However, for a Binding Agreement to be valid, both parents must have received independent legal advice from a lawyer about the effect of the agreement and the advantages and disadvantages of entering into it. A Binding Agreement cannot be terminated by notice alone — it can only be set aside by a court in limited circumstances, including where it would be unjust and inequitable not to do so due to a change in circumstances relating to the child. The Child Support Agreement should clearly specify the amount to be paid, the frequency of payments (monthly, fortnightly or weekly), the method of payment (direct deposit, through Services Australia, etc.), and a grace period for late payments. In addition to the base child support amount, the agreement should address how additional expenses for the child will be shared — including private health insurance, school fees, uniforms, educational materials, extracurricular activities, school camps, medical and dental costs not covered by Medicare, and other extraordinary expenses. Both types of agreements must be in writing and signed by both parents to be valid, and must be lodged with Services Australia for registration under the Child Support (Registration and Collection) Act 1988 (Cth). Once registered, the agreement is enforceable by Services Australia, which has extensive powers to collect unpaid child support including intercepting tax refunds, garnishing wages, and suspending passports under the Child Support (Registration and Collection) Act 1988 (Cth). Termination provisions should address the circumstances in which the obligation to pay child support ends — typically when the child turns 18 or completes full-time secondary education, whichever is later, but also when the child marries, enters a de facto relationship, or becomes self-supporting. Parents should be aware that child support continues beyond age 18 for a child who is undertaking full-time secondary education and is wholly or substantially dependent on one or both parents, under section 5 of the Child Support (Assessment) Act 1989 (Cth). A private Child Support Agreement gives parents control over the financial arrangements for their child, enabling them to tailor the agreement to their specific circumstances rather than relying on the standard formula. It is an important tool for ensuring the child's financial needs are met while avoiding the adversarial process of enforcement through the courts.

A Parenting Plan is a written agreement between separated or separating parents in Australia that sets out the arrangements for the care, welfare and development of their children. Unlike a parenting order made by a court, a Parenting Plan is a private document agreed upon by both parents and is recognised under section 63C of the Family Law Act 1975 (Cth) as a binding agreement that can guide the family's co-parenting arrangements without the need for court intervention. The Family Law Act 1975 (Cth) places the best interests of the child as the paramount consideration in all decisions relating to children, as stated in section 60CA. Section 60CC sets out the factors to be considered when determining what is in a child's best interests, including the benefit to the child of having a meaningful relationship with both parents, the need to protect the child from harm, the child's views and wishes, the nature of the child's relationship with each parent, the willingness of each parent to facilitate the other parent's involvement in the child's life, and any history of family violence or abuse. A well-drafted Parenting Plan addresses all of these considerations. Australia's family law system was significantly reformed by the Family Law Amendment Act 2023 (Cth), which came into effect in May 2024 and removed the presumption of equal shared parental responsibility that had previously applied under the old section 61DA. Under the current framework, there is no automatic presumption in favour of any particular arrangement. Instead, courts and parents alike must focus entirely on what arrangement best serves the individual child's needs and interests, assessed against the section 60CC factors. This makes it more important than ever for parents to set out their arrangements clearly in a Parenting Plan. A Parenting Plan covers several key areas of a child's life. Living arrangements specify where the child will primarily reside and how time is divided between the parents. The contact and communication schedule records how regularly the child spends time with each parent, including during school terms, school holidays, public holidays, special occasions such as birthdays and Christmas, and the specific handover times and locations. Decision-making provisions address how significant long-term decisions about the child's education, health, religion and extra-curricular activities will be made — whether jointly by both parents or primarily by one parent. The Parenting Plan should also address communication between the parents themselves, ensuring that information about the child's health, education and welfare is shared openly and promptly. International travel provisions are increasingly important and should specify the notice period required before a parent takes the child overseas and whether the other parent's written consent is required. Under Australian law, taking a child overseas without the other parent's consent may constitute international parental child abduction, which is a serious criminal offence. Relocation clauses protect both parents and the child by setting out what must happen before a parent moves to a new location that would significantly affect the existing arrangements. The Family Court of Australia (now part of the Federal Circuit and Family Court of Australia, or FCFCOA) has a developed body of case law on relocation matters, recognising the fundamental tension between a parent's right to move and the child's right to maintain a meaningful relationship with both parents. Dispute resolution provisions are essential. Under section 60I of the Family Law Act 1975 (Cth), parents are generally required to attend family dispute resolution (FDR) before applying to the court for a parenting order, except in cases involving urgency, family violence or child abuse. Specifying mediation or FDR as the first step in resolving disagreements about the Plan ensures compliance with this requirement and encourages resolution without the cost and emotional toll of litigation. A Parenting Plan is a practical, flexible and child-centred document that enables parents to take responsibility for their children's welfare without placing that responsibility in the hands of a court. It can be updated as the child grows and circumstances change, making it the preferred starting point for most separating Australian families.