Binding financial agreements are no longer subject to family court approval to be binding and enforceable. Today, the Family Law Act provides for binding agreements between de facto couples, which naturally include both same-sex and opposing partners. Thus, the parties of a marriage and de facto couples may be able to document the resolution of financial problems between them (instead of making orders of approval). The Family Law Act defines the different circumstances in which a court may annul or terminate a financial agreement. Among the reasons: – Where appropriate, we work with accountants, financial and tax advisors to maximize the best possible result in your case. The list is not exhaustive. Are these circumstances relevant? Because they may be one of the reasons why the court annulled a binding financial agreement that is otherwise fully valid. Provisions describing when an agreement is binding are found in s 90G of the law, and the circumstances in which a BFA can be annulled are found in s 90K of the law for a marriage and s 90UM for common-law couples. Parties who plan to marry may also enter into a marriage contract; o The parties could enter into an agreement to change their ownership interests while they are still married.
Note: For how the content of a financial agreement can be demonstrated, see section 48 of the Facts Act 1995. (c) a court is satisfied that it would be unfair and unjust for the agreement not to bind the parties to the agreement (without prejudice to any change in circumstances from the date of conclusion of the agreement); and (d) the agreement has not been annulled by a court. . . .