BINDING FINANCIAL AGREEMENTS

Is it too late to enter into a
Binding Financial Agreement

Binding Financial Agreement | DIY Family Law Australia

It is never too late to enter into a Binding Financial Agreement ("BFA").

A Binding Financial Agreement (also known as a BFA or Relationship Agreement) is the broad term given to a group of Financial Relationship Agreements which stage how property is to be divided if your relationship ends.

The specific type of BFA you need will be either a Cohabitation, Pre Nuptial, Post Nuptial, Separation or Divorce Agreement.

You can enter into a BFA at any time during your relationship.  You may enter into a BFA (also known as a Relationship Agreement) before or after you start living together, before or after you get married and whether you intend to marry or not.

If your relationship has broken down, you can also document your property settlement agreement in a BFA - in a Separation Agreement, or if you are married and already divorced, in a Divorce Agreement.

The stage when you enter into a BFA with your partner (be it before, during or after your relationship) has no effect whatsoever on the validity and enforceability of the Financial Agreement.

You must however enter into the correct type of BFA having regard to the nature and stage of your relationship or it may be found to be void, unenforceable and invalid. 

For more about the timing of entering into a Binding Financial Agreement you should also read:

 

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Content By:
Michelle Beatty
MRB LAW

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