When entering a relationship or going through a separation, financial security and clarity are paramount. That’s where a Binding Financial Agreement (BFA) may be advisable. At James Noble Law, we believe in proactive planning to protect your assets and ensure peace of mind. But the success of a BFA hinges not just on having one—but on asking the right questions before it's drafted. Knowing what to ask your lawyer can make the difference between an enforceable, effective agreement and one...
Setting aside a Binding Financial Agreement (“BFA”) by reason of undue influence and unconscionability. This was thoroughly canvassed in the Appeal, Beroni & Corelli [2021] FamCAFC 9 (10 February 2021) Communication Between the Parties, BFA: The parties had difficulty with communication; the husband was not able to speak the wife’s language, and the wife had limited English this allowed the parties to have some communication. This hindered effective communication between the parties, BFA. The husband told the wife that he...
The law in regard to Binding Financial Agreement in Brisbane is extensive and complex. The law is governed by the provisions in the Family Law Act 1975 (as amended). Similar provisions are provided in the Act for de-facto relationships. Because it is a complex area of law it is a requirement (as detailed below) that the parties entering into a Binding Financial Agreement must consult a solicitor and obtain legal advice. The relevant law is detailed as follows: LEGISLATIVE PATHWAY...