Agreement · Family Law
Binding financial agreement (marriage or de facto) with statement of independent legal advice
Financial agreement under Part VIIIA or VIIIAB of the Family Law Act, with property schedules, maintenance and superannuation options, a separation declaration and the s 90G statement of independent legal advice.
- Kind
- Agreement. A contract between two or more parties.
- Where it applies
- Australia, Commonwealth
- AI use
- Red Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Written for this library
When to use it
Use as a first draft for a pre-nuptial, during-relationship or post-separation financial agreement once terms are settled. Do not use where there is pressure, a looming wedding date with no time to consider, family violence, or incomplete disclosure: those facts risk the agreement being set aside.
How AI may be used
Lawyer-led. AI may compare the lawyer's draft against the settled terms and verified disclosure and list gaps. It must not draft or redraft the operative clauses, and it can never give or replace the s 90G independent legal advice.
AI may
- Compare the lawyer's draft with the settled terms and list matters the terms do not cover
- Reconcile the property schedules with the disclosure documents the lawyer has verified and flag missing values or certificates
- Check that the section the agreement is expressed to be made under matches the relationship facts in the recitals
AI must not
- Must not draft or redraft operative clauses
- Must not give, script or summarise the s 90G advice to the client
- Must not process the other party's financial disclosure in a tool that may retain or train on it
- Must not assess whether the agreement is fair or likely to be set aside
The lawyer checks
- Correct section (90B, 90C, 90D or 90UB, 90UC, 90UD) and a separation declaration where s 90DA or s 90UF applies
- Independent advice given before signing, signed statement, and copy exchanged (s 90G(1) or s 90UJ)
- Disclosure, timing and pressure risks identified in Thorne v Kennedy
- Superannuation and maintenance provisions comply with Part VIIIB and ss 90E, 90F
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Family Law
- Initiating Application (Family Law): completion guide for parenting and financial orders
- Financial Statement (Family Law): completion and disclosure guide
- Letter of advice on property settlement (post-10 June 2025 framework) with settlement recommendation
- Client notice: how we use AI, and keeping your family law matter confidential and safe
- Checklist: authenticity of digital evidence (messages, recordings, images) and deepfake risk
All precedents for Family Law · Tasks and AI use in this area