Tag: binding financial agreement after separation

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...

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...

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...