Binding Financial
Agreement or Prenup

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What is a Binding Financial Agreement?

A binding financial agreement is a legal document that sets out the way some or all of a couple’s assets will be divided in the event that their relationship ends. It can also include spousal maintenance.

What’s the difference between a Binding Financial Agreement and a prenup?

A prenup or prenuptial agreement is simply a binding financial agreement that is created before marriage.

What our clients have to say

“ Vania is friendly and approachable but also fiercely professional. Having previously worked for the Department of Public Prosecutions Vania’s extremely knowledgeable and is a sought-after speaker. As a client you can be confident Vania’s always representing your best interests which takes a load of stress and worry off your mind.”
- Kimberlie-Clare Campbell

When can you get a Binding Financial agreement?

You can get them at almost any stage of relationship whether you’re married or in a de facto relationship (same-sex or heterosexual):

Binding Financial Agreements - Vania Holt Legal

When are Binding Financial agreements most useful?

Binding Financial Agreements - Vania Holt Legal

What are the legal requirements for a Binding Financial Agreement?

They all provide security and certainty for you and your family but they have strict legal requirements including the following:
Binding Financial Agreements - Vania Holt Legal

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Binding Financial Agreement Advantages and Disadvantages

You may want to weigh up the advantages and disadvantages of a Binding Financial Agreement or BFA before deciding whether to undertake one.

ADVANTAGES

DISADVANTAGES

BFA can incorporate both financial (incl. superannuation) and parenting arrangements. 

There is no central register, such as a court, which can be checked if the BFA is lost or destroyed;

It can include child support arrangements;

There is no independent oversight by the court to ensure the agreement is ‘just and equitable’ as required in property consent orders;

More flexibility than consent orders;

The bargaining power between the couple may be unequal;

 

The BFA cannot be varied and continues after death.

Reasons for setting aside a Binding Financial Agreement

Binding Financial Agreements - Vania Holt Legal
Although a Binding Financial Agreement cannot be terminated, it can be set aside by the court for the following reasons:

It’s vital you receive legal advice in relation to a binding financial agreement. VHL is very happy to discuss your requirements for a BFA during the consultation with Vania Holt either by zoom, phone or in-person (once restrictions have lifted).

NB This does not constitute legal advice and does not include reference to your specific needs. We urge you to speak with a solicitor to discuss your circumstance.

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