Our Perth Lawyers Can Help Guide You Through Your Binding Financial Agreement Issues.

Let us take the stress out of binding financial agreements! We know they require attention to detail and expert knowledge of family law. You can rest assured we will take your matter seriously and polish the document to perfection before you sign it. Our team of lawyers have extensive experience in drafting and editing sound Binding Financial Agreements. Typically, they are drafted before the nuptials (famously known as prenup agreements), but we can also create a postnup for you.  


Balmoral Legal Family Lawyers Will Help You With Your Binding Financial Agreements

A Binding Financial Agreement can be entered into before, during, and after separation or divorce. When the Binding Financial Agreement is made after the breakdown of a marriage or de facto relationship, it is usually used as a settlement device. A Binding Financial Agreement entered into before marriage may be more commonly known as a ‘prenup’.

When you enter into a Binding Financial Agreement, you agree to contract out of the laws contained in the Family Law Act 1975 (in the case of people who are or were married) and the Family Court Act 1997 (in the case of people who are or were in a de facto or same-sex marriage).

If you feel that you may need the various protections contained in the relevant legislation, it is important to seek legal advice so that you are fully aware of what rights you may be contracting away.

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What Our Binding Financial Agreements Lawyers Can Do for You

If you specifically want to control your financial affairs without any intervention by the Family Court, you need to ensure that your Binding Financial Agreement is properly drafted so it is actually ‘binding’. There are strict legal requirements when creating a Binding Financial Agreement, and the agreement can be set aside by the Family Court if it does not comply with the legislation.

Due to the complex nature of Binding Financial Agreements, it is prudent that you seek legal advice before entering into an agreement.

If you are looking to speak to a family lawyer in Perth about Binding Financial Agreements, get in touch with Balmoral Legal to speak to one of our experienced solicitors.


Let Us Handle Your Prenuptial Agreement

Balmoral Legal has a team of Perth-based legal experts who can help with all types of prenuptial agreements. When you and your partner agree about the financial matters, a legally binding document can prevent potential issues and help you divide your assets amicably. We can draft a prenuptial agreement before or during your marriage or de facto relationship, or we can create a financial agreement that will help you resolve matters following your separation or divorce. You can trust our experienced lawyers to get down the nitty-gritty of drafting these documents and take the stress out of the whole process.

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Why You Need a Binding Financial Agreement

Binding financial agreements are a great way to prevent problems related to finances, property or parenting and avoid lengthy and stressful court battles. Our family law experts can write a prenuptial or postnuptial agreement for you or advise you on all the aspects of these documents including their termination, advantages, disadvantages, and loopholes. You can rest assured our lawyers will provide comprehensive legal advice because they are familiar with Australian laws and practices of the Family Court of Western Australia in Perth. They will also take the time to write, edit and polish the document until you are absolutely happy with it.


Frequently Asked Questions

Are you considering a binding financial agreement? WA-based law firms can help you draft one that suits your needs. This document can ensure your assets are protected in the event of a relationship breakdown.

Not sure if you need a prenuptial agreement? Perth family lawyers can help you decide whether it is the right solution for you. The main asset of this document is that you can determine conditions for dividing your assets before entering into marriage or a relationship.

Even though defacto prenuptial agreement or prenuptial agreement documents are often confused with binding financial agreements, Perth family lawyers advise there is a crucial difference. While a prenuptial agreement must be written and signed beforehand, a binding financial agreement is more flexible and can be drafted during the marriage or relationship.

Although you can create your own defacto prenuptial agreement or a binding financial agreement, WA lawyers can help you formulate the text so that it complies with the legislation. It is highly advisable to consult a professional on this delicate matter.

Not sure what should be included in binding financial agreements? Perth divorce lawyers will ensure all the legal requirements are met and that your agreement is valid. Keep in mind that the law requires that both parties are legally represented.

A binding financial agreement or a prenup is a great solution when you want to protect your assets or ensure your children are financially secured before you enter a marriage or defacto relationship. Typically, WA couples opt for financial agreements if one of them has more money, property or assets or wants to preserve a family business.

Yes! Perth prenuptial agreements are recognised by the Family Law, which means that the court can interfere and enforce them. Moreover, even though the two parties can decide how they want to divide assets, the court can decide whether it is just or not.

Prenuptial agreements are binding under certain conditions defined by Australian family law. They must be signed by both parties and must include a statement from each party that they have obtained legal advice as well as statements from legal advisors. The agreement will be binding only if it has not been terminated or set aside by the court.