Times have changed and so have the laws around relationships. 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.
Prenuptials or 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:
Most importantly it protects your assets and your financial future.
If you feel the need to protect yourself and your assets, then call us and talk to one of our friendly team on: 1300 529 888.
$2,750 (Fixed fee)
What you get:
Save time with our easy process
Clear, upfront pricing with a fixed fee
Full solicitor support from my law firm
Save money compared to traditonal law firms
Get peace of mind that your assets are safe
Your document is fully enforceable in Family Court.
Make an enquiry using our contact form or give one of our friendly team a call.
We will send you a questionnaire to complete and return at your convenience.
Our lawyers will prepare and review your BFA, taking all information into consideration.
The my law firm solicitors will advise each party & issue letters of advice & compliant certificates to be signed.
BFA’s can be a useful tool to:
There are many matters to consider when negotiating property settlements and our team can provide expert advice on what you are entitled to.
It can be beneficial to receive legal advice from the team at My Law Firm as we have extensive experience in drafting and reviewing Binding Financial Agreements and Property Settlements.
BFAs are often mistakenly referred to in Australia, as a pre-nuptial agreement or a prenup, which is an American concept. A prenup is made before the parties are married.
In Australia we do not have prenuptial agreements, prenup agreements or prenups & the act clearly excludes references to the phrase pre-nuptial to highlight that BFAs are a completely different concept.
Though many Western Australians still refer to BFAs as pre-nuptial agreements.
Pre-nuptial agreements do not have to be entered into prior to marriage. The Family Law Act 1975 and the Family Court Act 1997 (WA) allow for couples in Perth and Australia to legally enter into a Binding Financial Agreement either before, during or after marriage and by de facto couples where there is no marriage at all.
A Binding Financial Agreement can be entered into before, during or after a marriage or de-facto relationship. They may cover:
We can provide advice in respect to the resolution of financial issues including access to land valuers, business valuers, accountants and other professionals if required.
Where an agreement for property division has been achieved we can advise you on the most appropriate and cost-effective way to formalise your agreement. This may be through consent orders in the Family Court of Western Australia or with a financial agreement.
Both parties must receive legal assistance in order for the agreement to be effective and legally binding. The Prenup will be drafted and executed by an impartial solicitor who will ensure that it is legal.
Our Perth lawyers at My Law Firm have a lot of experience in this area. We also clarify the ramifications of not having an enforceable financial agreement in place as part of our service, so you are well informed about your options.
Both parties must be legally represented in a Binding Financial Agreement, as each must acquire legal advice and receive it in writing from their lawyer regarding their Binding Financial Agreement. This is required to ensure that the Binding Financial Agreement complies with the legislation’s requirements and that the Binding Financial Agreement is valid.