Financial Agreements
Binding Financial Agreement Lawyer in Sydney
Legal Advice on Financial Agreements (Pre-Nups and Post-Nups)
A Financial Agreement (also known as a Binding Financial Agreement or pre-nuptial agreement) allows couples to decide in advance how their assets, property, finances and debts will be divided if their relationship ends.
Fay is an experienced lawyer preparing binding financial agreements in Sydney, providing clear and practical advice on all aspects of financial agreements before, during, and after a relationship.
What is a Binding Financial Agreement?
A Binding Financial Agreement is a legal document under the Family Law Act that sets out how financial matters will be handled if a relationship breaks down.
These agreements are commonly referred to as:
- Pre-nuptial agreements (pre-nups)
- Post-nuptial agreements
- Financial agreements
They can provide certainty around property division, financial assets and liabilities.
When can a Financial Agreement be made?
A Financial Agreement can be entered into at any stage of a relationship, including:
- Before entering a de facto relationship or marriage
- During a relationship
- After separation
- After divorce
Each party must receive independent legal advice and the agreement must be in writing and signed to be legally binding.
Financial Agreements are not filed with the court, but they must strictly comply with legal requirements to be enforceable.
Why choose a Binding Financial Agreement?
A properly drafted Financial Agreement can help:
- Protect existing assets and wealth
- Provide clarity about financial expectations
- Reduce the risk of future disputes
- Offer certainty if a relationship ends
- Protect family businesses or inheritances
Legal advice from a Financial Agreement lawyer
The legal requirements for Binding Financial Agreements are strict and even small drafting errors can make them unenforceable.
Fay provides expert advice on:
- Drafting and reviewing financial agreements
- Ensuring compliance with the Family Law Act
- Advising on fairness and risk
- Protecting your financial interests
- Explaining long-term legal implications
Send an enquiry
To discuss your matter in a private and professional environment, complete your details below, or call Fay directly on 0416 196 541
Contact Fay
Email or call on 0416 196 541.
Fay will respond to you personally within 24 hours to discuss your enquiry.
Financial Agreement FAQs
What is a financial agreement in family law?
A financial agreement is a private contract under the Family Law Act that sets out how property, money, debts and super will be divided if you separate.
Is a binding financial agreement the same as a prenup?
Yes, a binding financial agreement is often called a prenup when signed before marriage, but it can also be made during or after a marriage or de facto relationship.
Are financial agreements filed with the court?
No, they are kept private and not filed and they usually take the place of court orders about property and maintenance.
What makes a binding financial agreement valid?
It must meet strict Family Law Act requirements and be properly drafted with each partner receiving advice from their own lawyer.
Can a financial agreement be set aside by a court?
Yes, it can be challenged for issues such as uncertainty, duress, misrepresentation, or fraud such as serious non-disclosure of assets.
Can de facto partners in Sydney use financial agreements?
Yes, de facto couples can make binding financial agreements to manage asset division and spousal maintenance if the relationship ends.
