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If you are engaging a lawyer to act for you in drafting a Binding Financial Agreement, they will take full instructions from you and advise you on what should go into your Agreement.
Even if you are using a lawyer to prepare the Binding Financial Agreement for you, you may be able to save some costs or be better prepared for your meeting with the lawyer if you have already thought about or written down what you want to put into your Agreement.
The sorts of issues that you and your partner can agree on and document in your Binding Financial Agreement include, amongst other things:
Considering what you want included in your Binding Financial Agreement, will require you to have an open and honest discuss with your partner about all of the things listed above as well as looking at the following issues:
We explain the basics of a Binding Financial Agreement in the fact sheet What is a Binding Financial Agreement.
Can you prepare your own Binding Financial Agreement without a lawyer. We explain the answer in the fact sheet Can I prepare a Binding Financial Agreement myself.
You must be eligible to be able to lawfully enter into a Binding Financial Agreement. Read more in the fact sheet Who can enter into a Binding Financial Agreement.
The timing of when you enter into a Binding Financial Agreement can be important. We explain in the fact sheet When can you enter into a Binding Financial Agreement.
People often start living together, get engaged, have a baby or even get married and only then think about getting a Binding Financial Agreement. If this applies to you then you should read the fact sheet Is it too late to enter into a Binding Financial Agreement.
There are various different types of Binding Financial Agreements. If you do not use the correct type of Binding Financial Agreement for your situation it may later be found to be invalid. We explain more in our fact sheet Types of Binding Financial Agreements & What type of BFA do I need.
Will a Binding Financial Agreement actually work to protect your assets and income? Find out in the fact sheet Are Binding Financial Agreements actually Binding.
If have entered into a new relationship or are about to and you are thinking about the provision of your Will or what might happen after you die you should know the information in our fact sheet How having a Binding Financial Agreement might help your Succession Planning.
Read the benefits of having a BFA in the fact sheet What are the Advantages of a Binding Financial Agreement.
There may be a downside to having a BFA. This is discussed in the fact sheet What are the Disadvantages of a Binding Financial Agreement.
Questions such as can your Binding Financial Agreement be changed or updated, what circumstances might have a court declare it invalid and set it aside are answered in the fact sheet Can a Binding Financial Agreement be set aside, updated or terminated.
The fact sheet How to tell your Partner you want a Binding Financial Agreement might also be helpful to you.
If you have separated or divorced and want to document your property settlement agreement in a legally binding and enforceable way, then the fact sheet Should I use a Binding Financial Agreement or a Consent Order will contain important information for you.
Michelle Beatty, Senior Lawyer
Other Questions answered in the Binding Financial Agreements Section
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