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Should I have a Binding Financial Agreement

I am only in  a defacto relationship????

A Binding Financial Agreement (sometimes known as a “pre-nup”) is a private agreement that couples are able to enter into to deal with financial and property matters in the event of a relationship breakdown.  It is wise to enter into a binding financial agreement to protect your financial and property.

A Binding Financial Agreement  also commonly known as a Prenuptial agreement should be considered by all couples who are contemplating a de facto relationship, and can be done up before or during a de facto relationship. A Binding Financial Agreement is not about setting up your relationship to fail; it is about putting all the cards on the table and discussing issues to clarity any uncertainties.

Binding Financial Agreement whilst in a Defacto Relationship can be a necessity for certain situations such as:

  • your defacto partner has more property than the you at the begining of the relationship
  • it is your second marriage?  Do you have assets from your first marriage that you want to keep to pass onto your children
  • it is a de facto relationship and one party is moving into the other party’s property?
  • you want to avoid any hostility or uncertainty if the relationship does fail
  • you want to protect a future inheritance or a family business
  • keep matters out of court in the long term

You can purchase our Binding Financial Agreement for Defacto Relationships from Precedents Online

Table of contentsBinding Financial Agreement in Defacto Relationship

  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 for parties who are already in a defacto relationship. 14 pages long.

BFA s90UC – defacto – FREE SAMPLE

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