Request for updated precedents

Userlevel 2

Can you please have all of the Separation Declarations in Family Law Financial Agreements updated in accordance with legislation to read:

OTHER PARTY NAME and I have separated and thereafter lived separately and apart for a continuous period of at least 12 months immediately before the time of signing this declaration;”


Best answer by LindaLee 10 March 2023, 00:13

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4 replies

Userlevel 6

Hi @LindaLee,
Thanks so much for sharing this request with us. I’ve let our legal product team know about this one. The amazing @Jasmine will take a look a look at these for you shortly and will circle back here with an update once she has. Stay tuned!


Userlevel 3

Hi @LindaLee, thank you for your feedback!  Could you please let us know where in the legislation it states the above? We currently base the wording in the Financial Agreements on Sect 90DA of the Family Law Act which states:

             (4)  The declaration must state that:

                     (a)  the spouse parties have separated and are living separately and apart at the declaration time; and

                     (b)  in the opinion of the spouse parties making the declaration, there is no reasonable likelihood of cohabitation being resumed.


Thank you!


Userlevel 2

Hi Jasmine,

We go off s90XP if the parties are married and s90YV for de factos, which specifies the “...12 months prior to the date of signing...” and for this reason a lot of firms are now including that in the seperation declaration.

We once had a Trustee for a Super Co. deny the Super transfer until we changed that wording.


Userlevel 3

Hi @LindaLee thanks for that! I have just amended all of the Separation Declarations in the Financial Agreements now, please let us know if you have any further issues!