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A binding financial agreement is another name for a pre-nuptial agreement. This agreement makes provision for the way in which property and other assets will be divided if the marriage is not successful. A binding financial agreement is also available for de facto couples. Our Sydney Family Lawyers have extensive experience in advising on and preparing binding financial agreements.

A binding financial agreement is a powerful document. It can be made before, during or after marriage. If made after marriage, the binding financial agreement must be made within twelve (12) months of an order of divorce. The document alters the normal avenue for division of property and other assets. This means that the Family Law Court’s normal jurisdiction to make orders for division of property and other assets will not apply where a binding financial agreement exists. For the agreement to be enforceable, it must comply with Part VIII or Part VIIIAB of the Family Law Act 1975 (Cth) (the Act). It is in your best interests to ensure the agreement is validly executed. Our Family Lawyers can provide you with the quality advice you are looking for.

A financial agreement can cover a range of issues relating to the finances of both parties. Under Section 90D of the Act, the agreement may include:

  1. Distribution of property;
  2. Debts and other finance matters;
  3. Spousal maintenance; and
  4. Other matters.

When two people enter into a marriage, the first thing on their mind is generally not divorce or the possibility of divorce. When signing binding financial agreements, parties treat it as a formality and nothing more. Binding financial agreements can have significant legal implications and must not be taken lightly. All property acquired during the marriage is usually in some way accounted for in the financial agreement. You should check that the agreement does not contain any mistakes and is accurate. In the instance of divorce or separation, if drafted and executed correctly, the binding financial agreement will become enforceable. Under the Family Law Act 1975 (Cth), a party intending on signing a binding financial agreement must receive independent advice. Book your first free consultation with one of our expert Sydney Family Lawyers today by contacting us on (02) 9233 4048 or emailing us at info@navado.com.au. For a complete list of our office locations, please peruse our "Locations" tab.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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If you require assistance with a Family matter, you should make an appointment to see one of our Lawyers in one of the following locations:

  • Sydney
  • Parramatta
  • Chatswood
  • Rockdale

Our Locations

  • Family Lawyer Sydney
  • De Facto Lawyer Sydney
  • Relationships Lawyer Sydney
  • Divorce Lawyer Sydney
  • Family Lawyer Parramatta
  • De Facto Lawyer Parramatta
  • Relationships Lawyer Parramatta
  • Divorce Lawyer Parramatta
  • Family Lawyer North Sydney
  • De Facto Lawyer North Sydney
  • Relationships Lawyer North Sydney
  • Divorce Lawyer North Sydney
  • Family Lawyer Hurstville
  • De Facto Lawyer Hurstville
  • Relationships Lawyer Hurstville
  • Divorce Lawyer Hurstville
  • Family Lawyer Liverpool
  • De Facto Lawyer Liverpool
  • Relationships Lawyer Liverpool
  • Divorce Lawyer Liverpool
  • Family Lawyer Gordon
  • De Facto Lawyer Gordon
  • Relationships Lawyer Gordon
  • Divorce Lawyer Gordon
  • Family Lawyer Baulkham Hills
  • De Facto Lawyer Baulkham Hills
  • Relationships Lawyer Baulkham Hills
  • Divorce Lawyer Baulkham Hills
  • Family Lawyer Campbelltown
  • De Facto Lawyer Campbelltown
  • Relationships Lawyer Campbelltown
  • Divorce Lawyer Campbelltown
  • Family Lawyer Bondi Junction
  • De Facto Lawyer Bondi Junction
  • Relationships Lawyer Bondi Junction
  • Divorce Lawyer Bondi Junction
  • Family Lawyer Chatswood
  • De Facto Lawyer Chatswood
  • Relationships Lawyer Chatswood
  • Divorce Lawyer Chatswood
  • Family Lawyer Miranda
  • De Facto Lawyer Miranda
  • Relationships Lawyer Miranda
  • Divorce Lawyer Miranda
  • Family Lawyer Bella Vista
  • De Facto Lawyer Bella Vista
  • Relationships Lawyer Bella Vista
  • Divorce Lawyer Bella Vista
  • Family Lawyer Erina
  • De Facto Lawyer Erina
  • Relationships Lawyer Erina
  • Divorce Lawyer Erina
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Level 10, 309 Pitt Street.

Parramatta
Level 7, 91 Phillip Street.

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Level 1, 10 Help Street.

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Level 2, 10 King Street.

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