Family law

Binding Financial Agreements

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Pre-Nuptual Agreements

Pre-nuptial or Binding Financial Agreements are increasingly used to protect assets. At Arbon Legal Group we can help.

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Binding Financial Agreements

A Binding Financial Agreement is a contractual agreement on the division of property, money and assets, if the relationship ends.

A Binding Financial Agreement can also be referred to as a:

  • BFA
  • Financial Agreement
  • Pre-nuptial Agreement
  • Relationship Agreement
  • Cohabitation Agreement
  • Separation Agreement

Divorce Agreement

What are the rules?

  • They can be made before, during or after the relationship.
  • They can be made between married or de facto partners.
  • They can be made between straight or LGBTQ partners.
  • The agreement must refer to the correct provisions of the legislation.
  • Each party must obtain independent legal advice before signing.

Positives

  • Cheaper and faster than contested Court proceedings.
  • Parties can make their own decisions rather than having a judge make them.
  • Agreements may be terminated or amended later if needed.

Negatives

  • They can only deal with property, not children.
  • They can be challenged or disputed later if they are not drafted or executed properly.
  • Life is unpredictable and agreements may not take all circumstances these into account.

If you require further information or legal assistance with pre-nuptial or binding financial agreements, please contact Arbon Legal Group on 07 5562 0444 or email info@arbonlegal.com.au.”

Answers

Frequently asked questions

A divorce is a Court Order that severs your marriage.

You do not need to prove that a person was at fault, but there are several factors that must be adhered to in order to be eligible for a divorce.

  1. You and your spouse must have lived separately and apart for at least 12 months (Note: it is possible to live together in the same home and still be separated).
  2. There must be no reasonable likelihood of resuming married life.

It is important to note that a divorce will not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.

Once a divorce has been obtained, you have 12 months to finalise a property settlement.

There is a filing fee for divorce applications which can be accessed here.

A reduced fee may be available for you as a concession card holder or couples who are experiencing financial hardship.

Read more here.

Unfortunately there isn’t much you can do to stop a divorce these days. Fault or no-fault, one party can apply to sever the marriage if they want to.

You can only dispute the divorce where:

  1. it has been less than 12 months since separation; or
  2. it is filed in the wrong state or Courthouse.

You do not need to attend the hearing. If you disagree or object to the facts of the divorce documents, you may file a response to the Court within 28 days of being served with the divorce documents. However, the Court may still decide to grant a Divorce Order despite your objections unless there is a mistake in law.

✘ NO – If there are no children under the age of 18.

✘ NO – if there are children under the age of 18 and you have made a joint application.

 YES – if there is a child under the age of 18 and you lodged a sole application, you need to attend.

If it is difficult for you to attend in person, you may ask the Court to appear by telephone.

A divorce order takes effect one month and one day after the divorce is granted.

It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the Court that you were separated during this time.

You need to have been married for at least 2 years and separated for 12 months before you can apply for a divorce. The time starts from the date of your marriage to the date you file your application. If you have been married less than 2 years, you can still apply for a divorce if you have a counsellor’s certificate to verify that the relationship is irreconcilable.

Arbon Legal Group are always providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance in relation to your separation or divorce please contact Arbon Legal Group on 07 5562 0444 or email admin@arbonlegal.com.au.

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