My ex and I agreed on a property split. Can we make it legally binding without going to court?

What the Law Says

The Family Law Act 1975 (Cth) allows separating couples — whether married or in a de facto relationship — to formalise property settlements through binding financial agreements. These agreements are enforceable without court involvement, provided strict legal requirements are met.

For married couples, a binding financial agreement must comply with section 90G of the Family Law Act 1975. It must be in writing, signed by both parties, and each party must have received independent legal advice about the effect of the agreement on their rights and the advantages and disadvantages of making it.

For de facto couples, the equivalent provision is section 90UJ. It imposes the same core requirements: the agreement must be in writing, signed by both parties, and each party must have received independent legal advice before signing.

If these requirements are not met, the agreement is not binding and may be set aside by a court later — even if both parties originally agreed to it.

Statutory Text

The agreement is binding on the parties to the agreement if… (a) the agreement is in writing; and (b) each party to the agreement has signed the agreement; and (c) before signing the agreement, each party to the agreement was provided with independent legal advice from a legal practitioner…

— Family Law Act 1975 (Cth), s. 90G(1) — Binding financial agreements: married couples

Statutory Text

The agreement is binding on the parties to the agreement if… (a) the agreement is in writing; and (b) each party to the agreement has signed the agreement; and (c) before signing the agreement, each party to the agreement was provided with independent legal advice from a legal practitioner…

— Family Law Act 1975 (Cth), s. 90UJ(1) — Binding financial agreements: de facto couples

What to Do

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