Can I just tell my partner? If we agree, why do we need it in writing? The word “pre-nup” is so often heard in American legal dramas. In Australia, the appropriate terminology is a binding financial agreement – it defines the assets, liabilities and financial resources of each party (if any) and describes how they should be dealt with in the event of separation. A binding financial agreement is essentially a contract. Therefore, as in contract law, it is always preferable to have such an agreement in writing in order to protect both parties. If it is only an oral agreement, in the future the relationship will have to be broken, there is nothing to be done. There will then be a fight “he said” / “she said,” which is never a good idea. If you are considering a binding financial agreement, you must hold legal representation. Compelling financial agreements include only assets and liabilities; they don`t cover children. For the agreement to be binding, both parties must have independent legal representation and allow full and open disclosure of their assets.
Part VIII A of the Family Act 1975 (Cth) is the place where you will find the legal provisions governing mandatory financial agreements for married couples. Part 5A Division 3 of the Family Court Act 1997 (AV) for de facto couples in Western Australia. Part VIIIAB Division 4 of the Family Act 1975 (Cth) for de facto couples in other states and territories. One of the key themes of implementing your binding financial agreement is to ensure that it is effectively binding. For a financial agreement to be legally binding, you must have both: the BFAs offer calm and protection to new couples before saying “I do” or establish a new de facto relationship. They are an indispensable instrument for financial and successor planning. To cancel a binding financial agreement, a party must ask the court to cancel the financial agreement. When a lawyer advises a party on a binding financial agreement and before an agreement can be reached, many factors are taken into account, for example: to reach a valid agreement, the parties need the participation of two experienced and independent family lawyers. In addition, you both need independent legal advice on the effects, pros and cons of a binding financial agreement. The lawyer developing the agreement may give this deliberation to his client, but the other party must be advised by another lawyer from another law firm. Whether you are thinking about getting married or staying in a common-minded relationship for the foreseeable future, closing the deal while you are happy in your relationship, it is much more likely that they will result in a de facto marital or financial agreement, which is fair to both of you and ultimately saves you time and money.