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...
Are binding financial agreements help to improve Relations between two Parties in Australia? The answer is yes! Well if they are done properly anyway. It is a common misconception that Binding Financial Agreements / Prenuptial Agreements are simple contracts between two people that must be followed when the agreement comes into effect. It is widely believed that all that is required for a written agreement to binding two parties to a relationship is that a lawyer witness the parties signature...