A Binding Financial Agreement will not take effect until either party to a Financial Agreement signs and serves on the other party a copy of the separation declaration.
A separation declaration is a written document that is signed by at least one of the parties to the Agreement and the declaration must state that the parties have separated and are living separately and apart at the time the declaration was signed.
The person signing the declaration must also confirm that in their opinion there is no reasonable likelihood of cohabitation being resumed.
This weeks, Ask A Family Lawyer, was delivered by Aboorva Sundar one of our Family Lawyers based mainly in our Parramatta, Sydney office.