Blog | Binding financial agreements
SETTING ASIDE A BINDING FINANCIAL AGREEMENT
A Binding Financial Agreement may be set aside in a number of circumstances. When can a court set aside a Binding Financial Agreement? Under section 90K and section 90UM of the Family Law Act, the Court can set aside a Binding Financial Agreement in various...
Financial Agreements & Spousal Maintenance & Income tested benefits
Pre-Nuptial Financial Agreements & Spousal Maintenance clauses are frequently the subject of litigation post separation. It is common that parties will include a provision in relation to spousal maintenance in a binding financial agreement which states that...
Limitation periods against solicitors for defective Financial Agreements
It is now becoming more common for parties to take action against their solicitor for defective Binding Financial Agreements, where the agreement, prepared for the express purpose of protecting their assets from their former partner making a property settlement claim...
Is my Binding Financial Agreement Binding?
There are stringent requirements that must be met for a Binding Financial Agreement to be Binding. Is your Financial Agreement Binding? We discuss those specific requirements and the circumstances under which a Binding Financial Agreement can be overturned on our...
Superannuation Splitting in Financial Agreements
Where a Binding Financial Agreement is executed during a relationship, for the Binding Financial Agreement to be binding after separation, a separation declaration should be signed by one of the parties after separation, in order to demonstrate that the parties have...
