Your guide to navigating a divorce settlement in Australia
A divorce settlement agreement is a formal agreement between divorcing spouses about dividing assets, finances, debts, and sometimes parenting matters. These agreements are sometimes called financial agreements (Binding Financial Agreements), consent orders if approved by the court, or property settlement agreements.
The Family Law Act 1975 governs how these agreements are made and enforced. It's a key step in finalising separation, either after divorce or during the separation process. The agreement ensures both parties understand how their shared finances and property will be divided and helps avoid future disputes.

What's included and why it matters
A comprehensive divorce settlement should cover division of property, assets, and superannuation, allocation of debts, spousal maintenance or financial support, parenting arrangements if not already handled separately, and how to handle future claims or disputes. Full financial disclosure is essential for the agreement to be valid.
Both parties must sign either as a consent order submitted to court or a Binding Financial Agreement with independent legal advice. Consent orders are court-approved and enforceable, while BFAs require both parties to receive independent legal advice. Once signed and properly executed, the settlement is legally binding. People should apply for orders within 12 months of divorce or risk needing special court permission.
How our AI legal assistant can help
Our AI assistant can help you understand what to include in a settlement, how the process works, and whether you need legal support. It provides free, instant, tailored answers based on your situation and can explain the differences between consent orders and BFAs.
If you're in Australia, we can also connect you with a licensed family lawyer who can draft, review, or formalise your agreement, ensure it complies with the Family Law Act, and help protect your interests throughout the divorce process.
Common scenarios we help with:
You're finalising a divorce and want to understand what to include in a financial agreement
You've reached agreement with your ex and need help formalising it
You want to know the difference between a consent order and BFA
You want help understanding what happens if one party won't sign





