Binding Financial Agreement Cairns

Parties must receive independent legal advice and recognize that they are aware of their rights and obligations under the agreement. If financial arrangements are prepared properly and under the right circumstances, they may be a less formal and less costly solution for sharing ownership. By signing a financial agreement, the parties enter into contracts based on provisions of the law that would otherwise determine the distribution of assets after a dissolution. This will circumvent the Court`s usual procedure of sharing assets and determining the retention of spouses. For more information on this process, visit our “Real Estate” section. The term “preuptial” specifically refers to an agreement reached before marriage. The agreement describes what should happen if the marriage does not continue or if the marriage ends. If you are in a common-de-facto relationship, you can enter into an equivalent agreement called a cohabitation agreement. A parenting plan is a formal agreement between parents who take care of the rules applicable to their children. This often includes where the child or children should live and the time they spend with the other parent. Parental plans will often assign parental responsibility.

Parental plans are unenforceable. BFA are not authorized by the court. An agreement may be annulled by a court for purely technical reasons. In addition, there is no need for a BFA to be fair and equitable. Therefore, if a BFA is proposed, this may be due to the fact that one party is briefly changed and the other party is concerned that an approval decision under the same conditions will not be approved by the court. Do I need to hire a lawyer? If you are in a common-law relationship and are considering a BFA, it is best to speak with a family law lawyer in Cairns, who can provide relevant guidance and address other related legal issues. While you can develop your own agreement, BFAs are a complex document that must comply with the legislation. For more information on separation and divorce, please to book an online appointment with one of the Cairns Family Law Group`s lawyers If you believe you have entered into a financial agreement under duress or in fraudulent circumstances, we can inform you of your rights to terminate or terminate the contract. We advise you to advise you on marriage and cohabitation.

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