Binding Financial Agreement – Under Section 90C of the Family Law Act 1975 (Cth)
A binding financial agreement pursuant to section 90C of the Family Law Act 1975 (Cth) is an agreement by two parties on how, in the event of the breakdown of the marriage, the property of both of parties is to be dealt with. A well-drafted financial agreement, will cover issues of financial settlement, financial support and any incidental issues arising after the breakdown of a marriage.
It is important to note, that drafting a financial agreement is complex and the couple needs to be clear about what they want in agreement. Therefore, to be legally binding, the financial agreement needs to be signed after both parties have received independent legal and financial advice before signing.
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