Publish Date: June 4, 2020

While binding financial agreement, Parties may wish to determine the ownership of their assets and liabilities whilst contemplating or living in a relationship (including same-sex relationships), contemplating entering into a marriage, during a marriage or after a divorce, may wish to set out terms in an agreement which determines how their property and liabilities should be determined should their relationship break down.

Binding Financial Agreement dealt with Family Law act

Binding Financial Agreements are dealt with in Sections 90 B, 90 C, and 90 D of the Family Law Act 1975. These relate to marriage.

The relevant provisions which are similar in nature for a de facto relationship (same-sex relationship) are in Sections 90 UB, 90 UC and 90 UD.

There is a requirement in regard to all Financial Agreement that they are in writing.

Agreements pursuant to Section 90 B relate to parties contemplating marriage.

What are the provisions of the Family Law Act?

FAMILY LAW ACT 1975 – SECT 72
FAMILY LAW ACT 1975 – SECT 74
FAMILY LAW ACT 1975 – SECT 75
FAMILY LAW ACT 1975 – SECT 90
FAMILY LAW ACT 1975 – SECT 90A
FAMILY LAW ACT 1975 – SECT 90B
FAMILY LAW ACT 1975 – SECT 90C
FAMILY LAW ACT 1975 – SECT 90E
FAMILY LAW ACT 1975 – SECT 90F
FAMILY LAW ACT 1975 – SECT 90G
FAMILY LAW ACT 1975 – SECT 90H
FAMILY LAW ACT 1975 – SECT 90J
FAMILY LAW ACT 1975 – SECT 90K
FAMILY LAW ACT 1975 – SECT 90KA
FAMILY LAW ACT 1975 – SECT 90L

To learn more about Binding Financial Agreements and if this document could be useful for your particular situation, contact the team of Brisbane Family Lawyers at James Noble Law. https://jamesnoblelaw.com.au/care-about-family-law-binding-financial-agreements/