Project Description

Binding Financial Agreements

Binding Financial Agreements

Before you get married or if you’re in a serious relationship you may want to enter into a binding financial agreement. This is also sometimes known as a prenuptial agreement. This agreement is binding under the Family Law Act.

For your financial agreement to be legal and binding there are several things that must happen. For example, you both have to make sure that you’ve received independent legal and financial advice before you sign the agreement. That’s why it’s important to speak to someone who knows family law and can make sure that you protect your assets.

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As the only Accredited Specialist in Family Law in Fairfield, John has passed a series of detailed tests and assessments that confirm his knowledge of family law and how it applies in practice. Every year, he must also update his skills and knowledge in family law. He also has a Masters degree in Family Law. This means you can be assured that he is always capable and prepared to provide you with the best quality advice about your binding financial agreement in Western Sydney.

John and our local family lawyers can help you:

  • Understand what property and assets should and shouldn’t be included in your financial agreement.
  • Understand how a binding financial agreement can protect you.
  • Give you advice about your particular financial agreement.

  • Negotiate a financial agreement on your behalf.
  • Draft your financial agreement.
  • Represent you if your financial agreement is in dispute.

Your Financial Agreement

A financial agreement outlines what you and your partner agree when it comes to your property and finances. Many couples choose to have a binding financial agreement instead of going to Court. Your binding financial agreement can include:

  • How your property, finances and debts will be divided if or when your relationship ends.
  • What happens to your superannuation.
  • Whether one of you may be entitled to spousal maintenance.
  • Whether either of you have any rights if the other person dies.
  • If either of you will pay maintenance for your adult children.
  • Any other things that may be relevant to your financial settlement.

Unlike a prenuptial agreement, a binding financial agreement isn’t something you do just before marriage. You can enter into a financial agreement at many different points in time including:

  • When you’re thinking about getting married.
  • When you’re thinking about moving in with your partner or entering a de facto relationship.
  • While you’re married.
  • While you’re living with someone or in a de facto relationship.
  • After you have got divorced.

  • After your de facto relationship ends.

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