BFA - Before Marriage s90B

Download Binding Financial Agreement – Before Married      s90B in word format.  Download Binding Financial Agreement once, save and reuse as you need.

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Binding Financial Agreement Before Marriage

 

Binding Financial Agreements

The Family Law Act provides for Financial Agreements to be made  in three situations for married couples:

Before marriage: s 90B

Before marriage agreement which is sometimes known as a prenuptial agreement, sets out the way some or all of a couple’s assets will be divided in the event that their relationship breaks down. It can also deal with spousal maintenance.

An Agreement before marriage s 90B is for parties who intend to get married but are not married yet.

Table of contents

  1. Separate property.
  2. Joint property.
  3. During marriage.
  4. Separation.
  5. Division of property after marriage.
  6. Independent legal advice.
  7. Taxes.
  8. Provision from the estate of a deceased party.
  9. Notices.
  10. Governing law and jurisdiction.
  11. Further assurance.

Execution page.

ANNEXURE A..

ANNEXURE B..

ANNEXURE C..

Statement under section 90G of the Act 1975

Separation declaration pursuant to section 90D Act 1975.

14 pages long.

 

 

 

 

 

 

binding

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Binding Financial Agreements

There are many names for Binding Financial Agreements, including;

  • Pre-nuptial Agreements (commonly known as pre-nups),
  • Post-nuptial Agreements (post-nups); and
  • Cohabitation Agreements.

They are known by the courts as Binding Financial Agreements (BFA)

A BFA provides an agreement in advance for a division of assets if the relationship or marriage breaks down.

Virtually everyone at some stage in their lives will be in a relationship which is subject to the Family Law Act. Most defacto and same sex couples are, after 2 years, treated the same way as married couples.

Young  couples commence living together without any consideration of the legal consequences. Older couples seeking company can be deemed to be in a de Facto relationship  even if it was not their initial intention. On a separation and despite prior promises not to, a claim can be made.

Before considering solutions, an understanding of how the Court deals with those assets would be useful.

Binding Financial Agreements can be entered into before the commencement of a marriage, de facto relationships or even during or after a marriage or separation. relationship and even after separation.

BFA’s need to be set up correctly to be legally binding. To be binding, there are certain requirements that BFA’s need to meet, if these items are not met, then the agreement can be void or set aside.

It is advisable that a BFA be reviewed every 24 months or after, during any changes in relationship.

A correctly executed BFA may provide some degree of certainty to the parties and thus avoid unnecessary arguments, in the event that a relationship ends, as they have agreed in advance as to how the property will be divided.

It can also make parties feel secure knowing that the property they have accumulated before the relationship or marriage is safe. By reaching agreement in advance, the issues that occur after a break up are more likely to be carried out without costly legal expenses or court delays.

Binding Financial Agreements can provide comfort to relationships if issues arise.

 

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