Tag: BFA

When you’re in love or building a life with someone, the last thing you want to think about is a breakup. But just like insurance, estate planning, or a will, a Binding Financial Agreement (BFA) is about preparing for the unexpected. In Australia, BFAs are a legally binding way to define how your property, finances, and debts will be divided if your relationship ends. And while they’re often associated with wealth or celebrity divorces, they’re becoming increasingly common—and useful—for everyday...

In today’s world of complex relationships, blended families, and evolving financial landscapes, more Australians are turning to financial agreements to protect their interests and avoid lengthy court disputes. Commonly known as Binding Financial Agreements (BFAs), these legal tools allow couples to decide how assets and finances will be managed during and after a relationship. But as society changes, so do the legal questions people are asking. From cryptocurrencies to inheritances, and de facto rights to enforceability—there’s growing curiosity (and confusion)...

[caption id="attachment_17646" align="alignright" width="350"] Binding Financial Agreements in Cairns[/caption] Cairns, located in the heart of North Queensland, Australia, is a region known for its stunning natural beauty, rich cultural diversity, and thriving tourism industry. But like any other region, it's not immune to the complexities of life, including relationships and finances. In this context, Binding Financial Agreements (BFAs) have gained significant importance in the Cairns region. This article explores why BFAs are essential in this tropical paradise. What Are Binding...

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...

What is Binding Financial Agreement? A Binding Financial Agreement is a private contract between two parties in which they are effectively finalising property settlement and spousal maintenance issues outside of the Court. Binding Financial Agreements can be entered into: Before marriage; During marriage; After divorce;  Before cohabitation; or During cohabitation. The benefit of entering into a Binding Financial Agreement The benefit of entering into a Binding Financial Agreement is that the Court will not review the terms of the agreement...

Preparing an Airtight Binding Financial Agreements Binding Financial Agreements (BFA), also referred to as “pre-nups” are created when two parties have made a fully informed decision to enter into a binding agreement. The creation of an Airtight Binding Financial Agreements requires the parties to disclose their financial position, provide reasonable time to consider the agreement and obtain independent legal representation to avoid any undue influence or pressure on the other party. This document effectively allocates assets and other financial resources...

Financial Settlement issues What Happens to Home Loans, Mortgages, and Properties After Divorce? One of the biggest concerns of parties whose marriage has broken down is what happens to financial settlement resources and debt during this process. When it comes to matrimonial assets, one of the main considerations is whether the party who resides in the main property has the capacity to maintain the residence during interim and final proceedings. Whilst it is important that the matrimonial home is maintained...