Binding Financial Agreements
You may make Binding a Financial Agreement during or in contemplation of marriage or a de facto relationship. The Agreement details how property and financial resources and spouse maintenance will be dealt with in the event of a breakdown of the marriage or de facto relationship. Financial Agreements may also be made after a marriage or de facto relationship to finalize financial matters.
Seek independent legal advice about what could happen if you separate, so that you know what the alternatives are. If you need to, enlist the help of a skilled mediator to help you resolve the sticking points. Leave plenty of time before you start living together to consider the agreement. Do not do it one month before you marry.
The agreement should be drafted and signed in the presence of an experienced lawyer. It must be in writing. An agreement can be set aside if it is based on incorrect information which misleads the other party.Each party must receive independent legal advice.Try your best on the information you have available to you to make an agreement that is fair and reasonable.