Draft the financial agreement from the settled terms
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Compare the agreement the lawyer has drafted against the settled terms and the disclosure the lawyer has verified. List the assets, values, liabilities, superannuation interests and independent-advice certificates still to confirm, and every matter the settled terms do not cover. Check the agreement's form against the requirements for the provision it is made under. The tool drafts and redrafts no clause, and writes no part of the independent-advice statement.
- What the lawyer must review
- Read every clause yourself before the agreement is signed; the tool has written none of it and must not be asked to. The independent-advice statement is a statutory precondition to the agreement binding: it cannot be generated, it must reflect a real advice session with your client about the effect of the agreement on that client's rights and its advantages and disadvantages, and it must be given on the executed text and not on an earlier draft. Confirm the agreement is made under the provision that fits these parties — married, de facto, or under Western Australia's separate regime — and that its form meets that provision's requirements. Verify every asset description, value, liability, trust and company holding and superannuation interest against primary disclosure. Where the agreement splits a superannuation interest, use the current prescribed forms and deal with the trustee as the requirements for that interest require. If the agreement deals with spousal maintenance, confirm the maintenance provision meets the separate requirements that apply to it, which are not the same as those for the property clauses. Satisfy yourself the client understands that once it binds the agreement ousts the court's property jurisdiction and that the grounds to set it aside are narrow.
Open a jurisdiction version of this task to see which instruments apply.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.