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.

Authorities

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