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Tag Archives: Binding Financial Agreement

Moving on? Why it is important to first resolve your property matters with your ex

by I read with interest a recent article, which has caused the alarm bells to ring for many parties involved in family law matters and concerns about the consequences of failing to resolve matrimonial or defacto property matters with an ex-spouse or partner before intermingling finances with a new partner. While the example set out in the article is atypical, it
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The Perils of Binding Financial Agreements – Why is Independent Legal Advice important?

by Binding Financial Agreements are a useful tool in family law as it enables parties to forego the need to apply to the Family Law Courts for Orders regarding their property and spouse maintenance matters in the event of a relationship or marriage breakdown.  As set out in our blog, section 90G of the Family Law Act 1975 (“the Act”) provides
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Thorne v Kennedy - is your Financial Agreement vulnerable?

by The recent High Court decision in Thorne v Kennedy [2017] HCA 49 provides practitioners with a summary of the law regarding duress, undue influence and unconscionable conduct in relation to the preparation of financial agreements. Husband and Wife met online in 2006. He was 67 and she was 36. The Wife was living in the Middle East and the Husband
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Relationship + Separation + Property + Handshake Agreement = Not Legally Binding? – Part 2

by Part 2 of our 2 part series on legally binding de facto and matrimonial property matters:- Considering Binding Financial Agreements Last week, we reminded you that if you want to fully and finally resolve matrimonial or de facto property matters, you need to formalise your agreement by way of Consent Orders or a Binding Financial Agreement. So what is a Binding Financial
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Relationship + Separation + Property + Handshake Agreement = Not Legally Binding? – Part 1

by Part 1 of our 2 part series on legally binding de facto and matrimonial property matters:- Considering Consent Orders     You need a Court Order or Binding Financial Agreement to have a legally effective property settlement. It is important to formalise the agreement reached with respect to the distribution of property (matrimonial or de facto). A document either handwritten or typed
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