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Glossary

Separation finance glossary.

Every term you will encounter during separation - explained in plain English.

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If you come across a term you do not understand during your separation, check here. Written in plain English by Adelaide mortgage brokers.

Asset pool

The total value of all assets and liabilities owned by both parties - property, super, savings, debts, vehicles, businesses. This is what gets divided in a settlement.

BFA (Binding Financial Agreement)

A private legal contract between separating partners that divides assets without going to court. Both parties must have independent legal advice.

Borrowing capacity

The maximum amount a lender will approve you to borrow, based on your income, expenses, debts, and the lender's serviceability model. Varies significantly between lenders.

Buyout

When one party refinances the home loan to pay the other their share of the equity and take sole ownership of the property.

Caveat

A legal notice placed on a property title that prevents it from being sold or transferred without the caveator's knowledge. Sometimes used during separation to protect interest in a property.

Child support

Payments from one parent to the other for the financial support of children. Payments you make reduce borrowing capacity. Payments you receive may count as income with some lenders.

Consent Orders

Court orders made by agreement between both parties and approved by the Family Court. They formalise how assets and liabilities are divided and are legally enforceable.

Credit file

Your credit history record held by credit reporting agencies. Missed payments stay for 2 years. Defaults stay for 5 years. Lenders check this when you apply for a loan.

Discharge fee

A fee charged by your existing lender when you pay out or refinance a home loan. Typically $150-$400.

Equity

The portion of your property's value that you own outright. Calculated as: current market value minus the outstanding mortgage balance.

Family Home Guarantee

A federal government scheme allowing eligible single parents to purchase with a 2% deposit and no LMI. Available to previous property owners.

First Home Guarantee

A federal government scheme allowing eligible first home buyers to purchase with a 5% deposit and no LMI.

Hardship variation

A temporary change to your loan terms - such as reduced or paused repayments - granted by the lender when you are experiencing financial difficulty.

LMI (Lenders Mortgage Insurance)

Insurance that protects the lender (not you) when you borrow more than 80% of the property's value. Can cost thousands.

LVR (Loan to Value Ratio)

Your loan amount as a percentage of the property value. A $400,000 loan on a $500,000 property is 80% LVR.

Offset account

A savings account linked to your home loan. The balance reduces the amount interest is calculated on, saving you money.

Property settlement

The legal process of dividing assets and liabilities between separating partners. Can be done through Consent Orders or a BFA.

Refinancing

Replacing your existing home loan with a new one - typically to change the borrower name, get a better rate, or access equity.

Serviceability

A lender's assessment of whether you can afford the loan repayments. Lenders test at a rate 3% above the actual loan rate (the APRA buffer).

Sole name

A mortgage in one person's name only, as opposed to a joint mortgage. Refinancing to sole name is the standard process for removing an ex from the mortgage.

Spousal maintenance

Ongoing financial support paid by one ex-partner to the other after separation, based on need and capacity to pay.

Stamp duty

A state government tax paid when buying property. Transfers between separating partners as part of a formal settlement may be exempt in SA.

Superannuation splitting

A court order that splits super between separating parties. The funds transfer between super accounts - not as cash.

Transfer of title

The legal process of changing the name on a property's title - for example, from joint names to sole name after a settlement.

Valuation

A formal assessment of a property's market value by a licensed valuer. Required by lenders for refinancing and important for settlement negotiations.

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