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 & Company 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:
- 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
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.
Protect your existing assets for children of prior relationships if you are entering into a new marriage or relationship.
Have your Binding Financial Agreement drafted by a competent and knowledgeable Family Law expert to meet your own individual needs.
A Binding Financial Agreement is binding on a deceased estate.