What Are Binding Financial Agreements?
A Binding Financial Agreement (BFA Agreement) is what many people refer to — slightly incorrectly — as a prenuptial Agreement or prenup.
Effectively, it’s a binding contract made between you and your spouse or partner that details how some or all of your investments, cash, property, and debts are allocated in the event of divorce, break-up, or separation.
However, while a prenup is agreed before the formalisation of a marriage or partnership — a Binding Financial Agreement can be arranged: Prior to entering a de facto relationship or marriage
While in the relationship
During a period of separation but before divorce
After the break-up of a relationship or divorce
As long as both you and your partner — who can be of the same sex — agree to the terms, you can enter into a BFA.
However, it’s crucial to remember that in doing so, you both relinquish your entitlements under the Family Law Act — which usually decides a fair and equitable division of financial instruments and assets at the end of a marriage or relationship.
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