Family Law Financial Agreements
We can draft your binding financial agreements or give advice on an already drafted financial agreement, whether you:
- Have recently separated or divorced;
- Have entered into a de facto relationship with your current partner; or
- Are married or about to get married.
A binding financial agreement is essentially an agreement between two parties which sets out how assets and liabilities are to be dealt with in the event of separation, or if you have already separated, how the division of assets/liabilities will be finalised. An informal agreement or incorrectly drafted document is not recognised under the Family Law Act 1975 (Cth) and may leave you in a situation where protracted negotiations are then required to reach a formal and final settlement with the other party. If during negotiation parties are unable to come to an agreement then there may be no option but for the parties to seek assistance from the Family Court to reach a resolution. However, for a binding financial agreement to be binding and effective, careful drafting is required to ensure it is valid and recognised by the Court, and both parties must be provided with appropriate legal advice by independent lawyers prior to signing the agreement.
Our expert lawyers will review your financial documents and other relevant details for all parties involved. Where you have appointed us to draft your binding financial agreement, we will liaise with the other party and/or their legal representative to discuss the proposed settlement agreement prior to drafting the document, saving you potential time-consuming back-and-forth later on. When we are reviewing an agreement that has been drafted by the other party’s solicitor, we will provide you with detailed written advice regarding the document and meet with you to thoroughly review the agreement with you.
We will take the time to listen and understand your needs. We understand that your legal questions matter and the importance of providing thoughtful advice tailored to your personal circumstances.
