De Facto Financial Agreement Templates

A de facto financial agreement is a legally binding contract that allows de facto couples to protect their assets before, during, or after their relationship. Choose the right template for your stage below.

What is a de facto financial agreement?

A de facto financial agreement is a legally binding document under Part VIIIAB of the Family Law Act 1975 that allows de facto couples to determine how their property and financial resources will be divided, without going to court.

These agreements can be made at three stages of a de facto relationship:

  • Before the relationship (section 90UB) - a "de facto prenup" that protects assets you bring into the relationship
  • During the relationship (section 90UC) - formalises how assets will be divided if you ever separate
  • After separation (section 90UD) - settles property division after the relationship has ended

Who can use these templates?

Our de facto financial agreement templates are suitable for all de facto couples in Australia, including same-sex couples. If you live in Western Australia, our templates include notes on WA-specific requirements under sections 205ZN, 205ZO, and 205ZP of the Family Court Act 1997 (WA).

How does a de facto financial agreement become legally binding?

For a de facto financial agreement to be binding under the Family Law Act, both parties must:

  1. Sign the agreement
  2. Receive independent legal advice from a lawyer before signing
  3. Obtain a signed certificate from each lawyer confirming the advice was given

Our templates include the required statement and certificate clauses. You will need to engage a lawyer separately for the independent legal advice - see our lawyer panel for affordable options.