A Binding Financial Agreement is a legal document that allows couples to make arrangements about financial matters without going to court. These agreements can be made before marriage, during marriage, or after separation, providing certainty and protection for both parties.
What is a Binding Financial Agreement?
A Binding Financial Agreement is a contract between parties in a relationship that outlines how their property, assets, liabilities, and financial resources will be divided if the relationship ends. These agreements are governed by the Family Law Act 1975 and can provide an alternative to court proceedings.
Types of Binding Financial Agreements
- Pre-nuptial Agreements: Made before marriage or entering a de facto relationship
- Post-nuptial Agreements: Made during a marriage or de facto relationship
- Separation Agreements: Made after separation but before divorce
Legal Requirements
For a Binding Financial Agreement to be valid, it must meet strict legal requirements:
- The agreement must be in writing and signed by both parties
- Each party must receive independent legal advice before signing
- A certificate must be provided by each party's lawyer stating that advice was given
- The agreement must not have been terminated or set aside by a court
Our Binding Financial Agreement Services
Our experienced family lawyers can assist you with all aspects of Binding Financial Agreements:
- Drafting comprehensive agreements
- Providing independent legal advice
- Issuing solicitor's certificates
- Prenuptial agreements
- Separation agreements
- Superannuation splitting arrangements
"A well-drafted Binding Financial Agreement can provide peace of mind and financial security for both parties, avoiding costly and stressful court proceedings."
Why Choose Jarrah Legal?
Our team of experienced family lawyers understands the complexity of financial arrangements and the importance of protecting your interests. We provide:
- Legal advice tailored to your circumstances
- Comprehensive drafting services
- Independent legal advice / solicitor's certificate
- Ongoing support and guidance throughout the process
Contact us today to discuss your Binding Financial Agreement needs and protect your financial future.
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