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Financial Agreements

Agreements on dividing assets, liabilities and financial resources.

Financial Agreements

Financial Agreements can be made between couples contemplating living together or marrying, and can also be made during the course of a de facto relationship or marriage.  In these situations, couples can reach agreements about how their assets, liabilities and financial resources are to be divided in the event that there is a separation in the future.

Some common scenarios in which couples elect to enter into Financial Agreements are:

  • if one or both parties are entering the de facto relationship or marriage with assets that they wish to exclude from any subsequent division of property
  • if one or both parties has children or dependents whose interests may be compromised by a property settlement in the future
  • if parties wish to define their settlement entitlements during their relationship to avoid conflict in the future, if the relationship breaks down.

Financial Agreements can also be made between couples who have separated and have reached agreement regarding the division of property.

Financial Agreements are not capable of being binding and enforceable unless both parties to the agreement receive independent legal advice and have obtained a certificate from their legal advisor confirming the such advice was provided before the Agreement was signed.  There are also other important requirements that must be met to ensure that a Financial Agreement is valid.

If you are considering entering into a Financial Agreement with your partner, contact our office to schedule an appointment with an experienced family lawyer to ensure that your are properly informed about the nature and effect of a Financial Agreement.  Financial Agreements are often complex and should only be entered into after receiving appropriate advice from a suitably qualified legal professional.


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