Financial Agreements

Financial Agreements

A Binding Financial Agreement is an agreement made under the Family Law Act 1975, which is capable of binding the parties to the matters in the agreement.  The effect of the agreement if binding, is to remove the jurisdiction of a family law court to determine the matters dealt with in the Binding Financial Agreement.

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Financial agreements can be made before or during a marriage or after divorce, and before during and after a de facto relationship.  This page deals with financial agreements after separation of spouse parties or de facto parties.

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What can Financial Agreements Cover?

Financial agreements can cover the following things:

1. Both the property and financial resources of the parties;

2. The maintenance of the parties;

3. Matters that are incidental or ancillary to points 1 and 2 above; and

4. For marriages, other matters.

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This means a financial agreement can be used to consider, divide and take into account houses, cars, bank accounts, shares, businesses, trusts, companies, income, looking after children and caring responsibilities, cost of raising children, gifts, inheritance, debts, liabilities, taxes and much more.

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Property Settlement Options

A financial agreement is one of a number of options available for a property settlement in Australia.  Other options include an Application for Consent Orders or if necessary, Court proceedings.  Sometimes a combination of these options is used for property settlement.  Our family lawyers can discuss your options and guide you to decisions which suit your circumstances.