Protect your financial future at a affordable, transparent cost with a
Fixed Fee Binding Financial Agreement South Australia
Times have changed and so have the laws around relationships in South Australia.
With defacto relationships being recognised in the Family Law Courts, the rules relating to relationships, marriage, and partnerships and the subsequent division of property when these relationships break down, have resulted in many incidents of people losing more than they had ever anticipated.
Unfortunately, this can and usually does result in costly and lengthy family court battles over who is entitled to what.
Binding Financial Agreements can help protect your hard-earned assets from the outset.
Having a Binding Financial Agreement drawn up by an experienced Law firm ensures the agreement will be compliant with the Family Court Act 1975.
A correctly prepared BFA provides:
- You with peace of mind.
- You and your partner with a clear understanding of what is expected in the unfortunate situation your relationship breaks down at some point in the future.
- And most importantly, it protects your assets and your financial future.
However, the cost of getting a Binding Financial Agreement is often a sticking point for many people.
Stereotypically, BFAs are expensive, ranging anywhere from $4000 to $6000 or more.
To make matters worse, most law firms won’t commit to a cost upfront, making people even more uncertain about getting one so they don’t get hit with an unexpectedly large bill.
We’ve solved all this with our fixed-fee Binding Financial Agreements.
You know exactly what you will be paying and what to expect.
Our BFAs are legally valid in Western Australia and across Australia and cost just $2750.
If you feel the need to protect yourself and your assets, then talk to one of our friendly team members by clicking the button below:
How Our SA Binding Financial Agreement Lawyers Can Help You
At my law firm, we provide comprehensive services to assist you with binding financial agreements in South Australia. Here are the key areas where we can support you:
Drafting and Reviewing Binding Financial Agreements
Our lawyers create agreements tailored to your unique financial circumstances in South Australia, whether you are protecting existing assets or planning for future financial support. We ensure your BFA is properly drafted so your financial arrangements are legally binding and enforceable under the Family Law Act.
Independent Legal Advice
To make your financial agreement legally binding in South Australia, both parties must receive independent legal advice. Our team provides this essential advice, ensuring that you fully understand your rights and obligations before signing the document. This critical step protects both parties and significantly reduces the risk of disputes in the future.
Prenuptial and Postnuptial Agreements
We assist with drafting and reviewing prenuptial agreements (pre nuptial agreements) and postnuptial agreements to secure your financial future in South Australia. These agreements are ideal for safeguarding assets acquired before marriage or addressing financial arrangements during the relationship, providing clarity and protection to both parties.
Cohabitation Agreements for De Facto Couples
De facto couples in South Australia often face similar financial complexities as married couples. A cohabitation agreement ensures that financial matters, asset pools, and superannuation entitlements are clearly defined, providing security and reducing stress if the relationship ends unexpectedly.
Property Settlements
Our team helps South Australian couples with property settlements to ensure that asset pools are divided fairly and amicably. This includes addressing current assets, future capacity, and any liabilities of the parties involved, all within the specific legal context of South Australia.
Resolving Disputes and Terminating Agreements
If disputes arise or the agreement needs to be terminated, our lawyers ensure all incidental issues are addressed and resolved efficiently.
Ensuring Enforceability
Our legal practitioners ensure your agreement complies with all legal requirements, including properly signed statements, to withstand scrutiny in court if challenged.
How It Works
Contact us
Make an enquiry using our contact form or give one of our friendly team members a call.
Tell us about you
We will send you a questionnaire to complete and return at your convenience.
Agreement is drafted
Our lawyers will prepare and review your BFA, taking all information into consideration.
Certification
The my law firm solicitors will issue a letter of advice & compliant certificates to be signed.
Why Choose my law firm For Your Binding Financial Agreement?
Save time with our easy process
Clear, upfront pricing with a fixed fee
Full solicitor support from my law firm
Save money compared to traditional law firms
Get peace of mind that your assets are safe
Your document is legally valid across Australia
Who's Behind my law firm
Maurice Oteri
Maurice Oteri established my law firm in 2013 on a simple philosophy; offer legal services in a simple and affordable way for everyone to access.
What does that mean exactly?
First of all you should have no hesitation contacting my law firm on any issue or service request you may have, we are completely friendly and approachable, and above everything else – here to help you.
Secondly, the time charge clock does not start ticking until we have had the opportunity to scope out your requirements, and wherever possible more often than not, offer a fixed fee for that service. You should never be surprised (other than pleasantly) about any bill you get from my law firm.
Finally, your satisfaction is paramount to our success and yours, we speak (and write) to you in the same language, no fancy legal jargon to justify our less than market rate fees, communication of the end result that you will be more than happy with is our goal.
Maurice comes from an Italian background where there is the saying ‘Casa mia… Casa tua’ meaning my home is your home, a statement of unconditional trust and hospitality, that is why my law firm is your law firm, make yourself at home, we are here for you.
Our BFAs Are Legally Valid In South Australia!
We can help with BFAs in all areas of WA including:
- Adelaide
- Mount Gambier
- Whyalla
- Port Lincoln
- Port Augusta
- Victor Harbor
- Murray Bridge
- Port Pirie
- Gawler
- Mount Barker
What Our Clients Have to Say
“I was referred by a family member who spoke highly of Maurice of my law firm, it turns out they didn’t speak highly enough of you!
Your practical approach to problems without looking to gouge the client for fees is the biggest thing that first struck me as different. You are solution driven and always work hard for your client to get the best possible outcome in the quickest possible time – realising that nobody wants to be involved in complicated and time consuming legal battles that eat away at your pocket and your head space.
I have already referred over 10 people to Maurice and will definitely continue to do so.”
Darin Jinks
“Maurice has been assisting our business and many of our clients for a number of years. In the past, we’ve dealt with a number of lawyers but no one comes close to Maurice and his firm in terms of their approach, honesty, experience and exceptional service. He has always gone the extra mile and has been very helpful to our business and clients. I thank you for your service and support and I would not hesitate to recommend him to anyone looking for an exceptional commercial lawyer. HIGHLY RECOMMEND!!”
Durgesh Joshi
“Through mutual business connections we engaged Maurice to provide legal services in the commercial & strata departments of our business – we have never looked back. Services have always been professional, sound and effective – what more could you ask for! my law firm has become part of our TEAM and enables us to provide our clients with the best in the business. We would not hesitate to recommend Maurice.”
Nina Cortes
Frequently Asked Questions About Binding Financial Agreements In South Australia
What is a Binding Financial Agreement?
A Binding Financial Agreement is a legal document outlining how financial resources, assets, and liabilities will be divided in the event of separation or divorce in South Australia. Under the Family Law Act, these agreements are enforceable when both parties receive independent legal advice and the document meets specific requirements.
Are binding financial agreements legally enforceable in South Australia?
Yes, binding financial agreements are legally enforceable in South Australia provided they comply with the Family Law Act requirements. This includes full financial disclosure by both parties and independent legal advice received by each party before signing the agreement.
Do you need a binding financial agreement if you are in a de facto relationship in South Australia?
While not mandatory, a binding financial agreement is highly advisable for de facto couples in South Australia. Under Australian law, de facto relationships that last more than two years have similar property rights to married couples, making financial agreements equally important for protecting assets.
Does South Australia have specific laws about binding financial agreements?
Binding Financial Agreements are governed by the federal Family Law Act 1975, which applies uniformly across Australia including South Australia. However, local court practices in South Australia may influence how these agreements are interpreted in practice.
Can a binding financial agreement include child support arrangements in South Australia?
While a BFA can include provisions about child support, these provisions may not be enforceable as child support is primarily governed by the Child Support Agency in South Australia. The court always retains the right to make orders in the best interests of children regardless of what a BFA stipulates.
How do binding financial agreements differ from consent orders in South Australia?
A binding financial agreement is a private contract between parties that doesn’t require court approval, while consent orders are agreements that have been approved by the Family Court of South Australia. Consent orders have the same weight as court orders and may be preferable in some circumstances.
What happens if one party fails to disclose their financial resources in a South Australia BFA?
If either party fails to make full and frank disclosure of their financial situation, the binding financial agreement may be set aside by a court in South Australia. Full disclosure is essential for the validity of any BFA under Australian law.
What assets can be included in a financial agreement in South Australia?
A binding financial agreement in South Australia can cover all types of assets including real estate, savings, investments, superannuation, business interests, inheritances, and future earnings. It can also address how liabilities will be handled and provide for spousal maintenance.
Can a binding financial agreement be challenged in South Australian courts?
Yes, a BFA can be challenged and potentially set aside in South Australian courts in certain circumstances, such as failure to disclose assets, fraud, undue influence, unconscionable conduct, or if there has been a material change affecting the care of children of the relationship.
How can I protect my assets before entering a relationship in South Australia?
The most effective way to protect assets before entering a relationship in South Australia is through a properly drafted binding financial agreement (prenuptial agreement). This should clearly identify pre-existing assets and specify how they will be treated if the relationship ends.
What is the cost of a binding financial agreement in South Australia?
At my law firm, we offer fixed-fee binding financial agreements in South Australia for $2750. This fee covers the entire process including consultation, drafting, and certification. Traditional law firms in South Australia typically charge between $4000-$6000 for similar services.
How long does it take to create a binding financial agreement in South Australia?
The process typically takes 2-4 weeks in South Australia, depending on the complexity of your financial situation and how quickly both parties provide necessary information and obtain independent legal advice. Our streamlined approach aims to complete the process as efficiently as possible.
Can a binding financial agreement be modified after it's signed in South Australia?
Yes, a binding financial agreement can be modified or terminated by creating a new agreement called a termination agreement. Any modification must follow the same formal requirements as the original agreement, including independent legal advice for both parties.
Is a South Australian binding financial agreement valid if I move interstate?
Yes, binding financial agreements made in South Australia are valid throughout Australia as they are governed by federal legislation. However, if you move overseas, recognition of the agreement will depend on the laws of the country you move to.
Get Your Binding Financial Agreement (Prenuptial Agreement) Sorted Now!
Simply fill out the form below to speak to our team regarding your BFA!