Binding Financial Agreements

Family Law - Binding Financial Agreements

A Binding Financial Agreement is a written contract between two (or more) people, pursuant to Part VIII or Part VIIIAB of the Family Law Act 1975 (Cth).

A Financial Agreement is an umbrella term used to refer to agreements that parties can enter into before, during or after a relationship, and can be entered into by married couples, de facto couples, couples of the same sex or opposite sex.

A Financial Agreement can often be an appropriate way of finalising the division of your assets and liabilities.

The parties to a Binding Financial Agreement must have received independent legal advice on specific matters before signing the Agreement.

We are able to assist you in preparing and advising on a Binding Financial Agreement, or providing you with the necessary legal advice if you have been presented with a Binding Financial Agreement.

Please note that we do not prepare the following types of Financial Agreements:-

  • In contemplation of a marriage (Section 60B).
  • In contemplation of a de facto relationship (Section 90UB).
  • During a marriage (Section 90C).
  • During a de facto relationship (Section 90UC.

However the types of Financial Agreements that we can assist you with are those that apply after the breakdown of a relationship or marriage, or after a divorce.

Please do not hesitate to contact our office if you require more information on Financial Agreements.