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Binding Financial Agreements

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The Family Law Act 1975 (Cth) allows parties in a defacto relationship to enter into a financial agreement also known as a (Pre Nup) to manage their finances during the course of their relationship.

Binding Financial Agreement De Facto

A Financial Agreement for a DeFacto Relationship

A Binding Financial Agreement defacto (sometimes known as a “pre-nup”) is a private agreement that couples are able to enter into to deal with financial and property matters.

The Family Law Act 1975 provides for parties to a marriage or defacto relationship to enter into a binding legal agreement about the financial arrangements should their marriage or defacto relationship break down. You can make a financial agreement before, during or after a marriage or defacto relationship in the event of a relationship breakdown.

Table of contents

  1. Separate property.
  2. Joint property.
  3. During the de facto relationship.
  4. Separation.
  5. Division of property in the event of breakdown of the de facto relationship.
  6. Independent legal advice.
  7. Taxes.
  8. Claims for provision out of the estate of a deceased party.
  9. Notices.
  10. Governing law and jurisdiction.
  11. Further assurance.

Execution page.

ANNEXURE A..

ANNEXURE B..

ANNEXURE C..

Binding Financial Agreement defacto is for parties who are already in a defacto relationship.

14 pages long.

The Family Law Act 1975 specifically acknowledges that a person can be in a defacto relationship regardless if they are in another defacto relationship. Meaning that a defacto relationship does not need to be mutually exclusive.
 

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