Financial Agreements

Binding Financial Agreements in Family Law

What is a Binding Financial Agreement?

At South Coast Family Law Group, we understand that planning for your financial future is essential, especially during relationship changes. A Binding Financial Agreement (BFA) or ‘prenup’ is a legal contract that outlines how assets and liabilities will be divided in the event of a separation or divorce. BFAs provide clarity and certainty, helping you avoid disputes in the future.

If you need assistance with binding financial agreements, contact South Coast Family Law Group today 02 4202 6644.

Types of Binding Financial Agreements

Binding Financial Agreements can be made in different circumstances:

  1. Before a Relationship (Prenuptial Agreement): Establishes terms for asset division before marriage or a de facto relationship.

  2. During a Relationship: Can be used to formalise agreements made during the course of a relationship.

  3. After a Separation: Clarifies how assets will be divided after a relationship ends.

Why Consider a Binding Financial Agreement?

A Binding Financial Agreement can provide several benefits:

  • Protection of Assets: Safeguard your financial interests and ensure clarity regarding asset division.

  • Reduction of Conflict: Minimises potential disputes by outlining expectations upfront.

  • Flexibility: Allows you to tailor agreements to suit your unique circumstances.

How we can help

Creating a Binding Financial Agreement is a complex process that requires careful consideration. At South Coast Family Law Group, our experienced Family Law solicitors can guide you through:

  • Understanding the legal requirements for a BFA.
  • Drafting a comprehensive agreement that meets your needs.
  • Ensuring both parties receive independent legal advice, which is essential for a BFA to be valid.

FAQs About Binding Financial Agreements

Are Binding Financial Agreements legally binding?

Yes, Binding Financial Agreements are legally binding in Australia, provided they meet specific legal requirements.

Yes, a BFA can be varied or revoked if both parties agree in writing. However, legal advice should be sought to ensure compliance with the law.

If one party does not comply with the terms of a Binding Financial Agreement, the other party can seek enforcement through the Federal Circuit and Family Court of Australia.