Protect your assets with a binding financial agreement

Should you want to, you have the option of determining the division of your assets and liabilities – your property – in a Binding Financial Agreement – before, during or after your marriage or a de facto relationship.

For the Agreement to be binding a number of requirements must be met, one being that each party must receive legal advice.

Evans Brandon Family Lawyers can draft a Binding Financial Agreement on your behalf, keep you informed and provide guidance through the process. We frequently work alongside Accountants and engage specialist Estate and Succession Lawyers to ensure you have your assets protected.

Have a Binding Financial Agreement set aside

An Agreement can be set-aside on a number of grounds including:

  • Fraud.
  • If entered to defraud creditors.
  • The Agreement is not enforceable.
  • Circumstances make the Agreement impracticable.
  • It would cause hardship or suffering.
  • Unconscionable conduct.

A word of warning

Timing

The commencement of a marriage or relationship may not be the best time to enter into an Agreement if you intend starting a family. If the Agreement does not provide adequately for the children, it could be set aside.

Protection

Protect your existing assets for children of prior relationships if you are entering into a new marriage or relationship.

Personalise

Have your Binding Financial Agreement drafted by a competent and knowledgeable Family Law expert to meet your own individual needs.

Estates

A Binding Financial Agreement is binding on a deceased estate.

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