Binding Financial Agreement Married
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At a Glance
A Binding Financial Agreement for Married Couples (also known as a postnuptial agreement) is essential for couples who wish to define their financial arrangements during marriage. Unlike general contracts, BFAs are legally enforceable documents that protect individual assets and outline financial responsibilities in the event of separation.
Binding Financial Agreement Before Marriage
This precedent is designed for couples planning to marry, entering into an agreement under Section 90B of the Family Law Act 1975 (Cth). It allows the parties to specify how their property and financial resources will be handled in the event their marriage breaks down.
What This Agreement Covers
• Separate property and joint property schedules.
• Provisions for division of property after marriage.
• Obligations for spousal maintenance.
• Independent legal advice statements for each party.
• Notice and governing law clauses.
• Further assurance and execution provisions.
Why Use This Template?
• Enables couples and their advisers to set out clear financial arrangements before marriage.
• Helps manage expectations around property, financial resources and maintenance.
• Includes the formal structure required by Section 90B.
• Fully editable so it can be tailored to specific circumstances by legal practitioners.
Suitable For
This precedent is suitable for:
• Couples who are about to marry and want clarity over their financial arrangements.
• Family lawyers and solicitors drafting a Section 90B agreement.
• parties who have significant property, inheritance or prior financial commitments and wish to protect their positions.
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