Binding Financial Agreements

Binding financial agreements can be made at any time before a relationship or marriage, during a relationship or marriage and after a separation. 

Binding financial agreements are complex and both parties need independent representation. Swan Lawyers work collaboratively with other lawyers who specialise in this area ensuring that any differences between couples are carefully considered and well constructed to ensure that there is no confusion as to the intention in the event of the termination of the relationship.

In post separation agreements, it is important that parties are aware that these can be set aside in the event that all section 75(2) factors of the Family Law Act 1995 are not taken into consideration.

The principles are the same for both married couples and partners in a de facto relationship and are based on various factors including:-

Assets and liabilities;

  • Financial contributions;
  • Non-financial contributions throughout the relationship in relation to children and domestic assistance;
  • Parenting or caring of a child or children;
  • Salary and wage;
  • Indirect financial contributions such as gifts and inheritances;
  • Future requirements including age, health, ability to earn, source of finances and children;
  • Standard of living;
  • Income earning capacity;
  • Maintenance payments, income capacity, bankruptcy and business insolvency;
  • Duration of the marriage;
  • Need for protection in the event of domestic violence;
  • Binding financial agreements; and
  • If either party is cohabiting with another person, that person’s financial circumstances.
Enquire about Binding Financial Agreements