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The law relating to Binding Financial Agreements ( BFA's) has changed so much in the last year or so. the biggest news is that de facto property matters can now be dealt with in the Family Court in most states, including Queensland. This means that any agreement made by a de facto person now is made under the Family Law Act. This also includes for the first time, same sex couples. The relevant sections of the Family Law Act for married and de facto are mostly in Section 90. I have included a link to them below if you want to know the in's and out's of the legislation. It is still pretty new so there are not a lot of cases on de facto BFA's yet. Generally we will be guided by the legislation and some decided cases in married couples cases. http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s90b.html Generally it means that, if a document meets all of these criteria ( and a recent case of Black says that the courts will interpret this very very strictly) then it is a Financial Agreement under the Act and can be binding on the parties. We at Journey Family Lawyers are very careful with our drafting so that the documents will do what they are intended to do which is protect you from litigation in the future. |
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