Can a binding financial agreement be set aside (made invalid)?
Yes, a binding financial agreement can be overturned by the Court for several reasons. Common reasons include:
Read MoreCan a binding financial agreement cover children and parenting arrangements?
No. Children’s matters must be resolved by a consent order or a parenting plan. An application for consent orders is filed with the Family Court of Australia. These orders formalise the...
Read MoreShould I download a separation agreement template?
No. There is no ‘one size fits all’ binding financial agreement. Every relationship is different, which means every binding financial agreement is different. This is especially true when there are...
Read MoreWhat is the difference between a binding financial agreement and a prenuptial agreement?
A binding financial agreement is an agreement that is entered into after two people separate. A prenuptial agreement (prenup) is a BFA that is entered into before two people separate....
Read MoreWhat is the difference between a binding financial agreement and a court order?
A binding financial agreement does not go through the courts. A court order or consent order is a legally binding order made by the Family Court after they have reviewed an...
Read MoreDo I need to go to court to get my binding financial agreement finalised?
No. One of the benefits of using a binding financial agreement is that you do not have Court involvement.
Read MoreCan a couple enter into a binding financial agreement after they have divorced?
Yes, this type of binding financial agreement is commonly known as a ‘Post Divorce Property Settlement Agreement’ and is another type of BFA. Note: Time limits do apply. If you are...
Read MoreCan a couple in a de facto relationship separate using a binding financial agreement?
Yes, a binding financial agreement is suitable for ending de facto relationships, including those in a same sex relationship.
Read MoreWho drafts the binding financial agreement? Can I prepare it myself?
It is always recommended that a specialised family lawyer drafts the agreement. Having a lawyer draft the agreement will ensure the terms are written in a clear and concise manner...
Read MoreWhat is a certificate of advice?
After your family lawyer has reviewed your binding financial agreement and provided you with advice, they will give you a certificate of advice which you will sign to acknowledge that...
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