Binding Financial Agreements (Prenups)

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Pre-Nuptial and Financial Agreements

The power of preparation in your relationship

Gain peace of mind and take control of your financial future with a Binding Financial Agreement. By proactively planning and preparing for unforeseen circumstances, you can safeguard your assets and ensure a secure foundation.

Binding Financial Agreements

We can help you anywhere in Australia

Prenups, known in Australia as Binding Financial Agreements (BFAs), and other Financial Agreements provide couples with the reassurance of knowing how their assets will be divided in the event of separation. These agreements are particularly valuable when protecting assets for children from previous relationships or preserving existing wealth.

However, it’s important to note that Prenuptial and other Financial Agreements will only be legally binding if certain strict requirements are met. The laws governing these agreements can be complex. As experts in the field, we excel at meticulously drafting and providing advice on Financial Agreements to ensure they adhere to the necessary legal standards and remain enforceable for years to come.

We understand that negotiating Prenuptial Agreements requires sensitivity. We approach this process with care, respecting our clients’ ongoing relationship with their partner.

Our process

Who needs a Binding Financial Agreement?

Couples planning to marry or enter into a de facto relationship
Individuals with significant assets, inheritances, or family businesses
Those seeking to protect their pre-existing assets or wealth
Individuals who have been through a divorce and want to safeguard their financial interests in subsequent relationships
Couples who wish to establish clear financial arrangements, reducing uncertainty and potential conflicts in the future

Seeking legal advice from our expert family lawyers early on will ensure your best interests are protected

At Orbell Family Lawyers, we understand the importance of safeguarding your financial interests through Binding Financial Agreements (BFAs). Our experienced team can guide you through the process, ensuring that your BFA is properly prepared, meets the legal requirements, and effectively protects your assets and financial future. We offer expert advice and support, addressing your unique circumstances and tailoring the agreement to your specific needs. With our comprehensive understanding of family law in Australia, you can trust us to navigate the complexities of BFAs and provide the guidance you need for peace of mind.

By consulting Orbell Family Lawyers, you can benefit from our expertise in Binding Financial Agreements and ensure that your financial interests are protected, giving you the confidence to move forward with a solid foundation for your future.

FAQs

What is a Binding Financial Agreement (BFA)?

A Binding Financial Agreement, also known as a BFA or a prenuptial agreement, is a legally binding document that allows couples to make financial arrangements before, during, or after a marriage or de facto relationship. It sets out how assets, liabilities, and financial resources would be divided in the event of separation or divorce.

Are Binding Financial Agreements legally enforceable in Australia?

Yes, BFAs are legally enforceable in Australia if they meet specific requirements outlined in the Family Law Act 1975. It is crucial to ensure that the agreement is properly drafted, signed voluntarily, and each party has received independent legal advice.

Can a Binding Financial Agreement only cover property division?

No, a BFA can address various financial matters, including property division, spousal maintenance, superannuation, and any other financial issues relevant to the couple's circumstances. The agreement can be tailored to meet specific needs and concerns.

What is the difference between a prenuptial agreement and a Binding Financial Agreement?

In Australia, a Binding Financial Agreement is the equivalent of a prenuptial agreement commonly used in the United States. The terms "prenuptial agreement" and "pre-nup" are often used interchangeably with the Australian term "Binding Financial Agreement" or "BFA."

Can a Binding Financial Agreement be set aside or varied?

Under certain circumstances, a Binding Financial Agreement can be set aside or varied. These circumstances include fraud, unconscionable conduct, undue influence, or if the agreement is no longer practical to uphold due to a significant change in circumstances. Seeking legal advice is essential to understand the options available in such situations.

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Melinda M

Central Coast

They have seen and heard me cry, get angry, and every emotion in between that you experience going through a separation. I can't thank Georgia enough for her empathy and experience in guiding me through this foreign situation.

Adele F

Central Coast

I am immensely grateful for the outstanding service and support I received from Orbell's Family Law Firm. They are not just legal experts; they are compassionate advocates who genuinely care about their clients' well-being.

Daniel S

Central Coast

I had a great experience with Orbell. Sheree was great in getting my case rolling then Savanna took over and seen it through till the end. Savanna was great, easy to work with and fiercely had my back through the entire proceedings.

Fay D

Central Coast

I am grateful to Sheree and Georgia, who were there to assist when required. Kate knows all the ‘ins and outs’ of Family Law, and I honestly can’t thank her enough for everything she has done for me. I highly recommend Orbell Family Lawyers.

Masani O

Central Coast

All my dealings with Orbell Family Lawyers have been extremely positive, and the team are professional, genuine people who look after and listen to you, walk beside you, and to help you to sort out your matter fast and precisely.

Van E

Not only was Sheree extremely knowledgeable, she would 'check in' with me to make sure I knew what was happening at all times. I am proud to be a client. Her legal representation restored my faith in the justice system.

Stephen L

Sheree had tremendous strategies in place, and was extremely cool & calm in her approach and in general. Sheree was very well-organised, and was in complete control of the case, it felt. I had complete confidence with her in charge.

Mirta S

Sydney

The team were incredibly supportive and helpful at a most difficult time. I have every confidence in recommending Orbell Family Lawyers to anyone seeking professional expertise with a very caring and supportive overlay.

Cynthia B

Sydney

From the moment I met Sheree I knew she was the lawyer for me. She is kind and understanding but also strong and confident. She made me feel at ease. She knows her way around the family law system too! Thanks Sheree.

Dorothy G

Sydney

Great family lawyer, I have had the pleasure off working with Sheree. She is very professional in every way and caring, I would recommend her to anyone looking for a fantastic family lawyer.

Jessica S

Sydney

Sheree went above and beyond to help me agree on my property settlement with my ex. She made the process quick and stress free. I recommend Sheree to anyone who asks me who I should use for family law advice.

Steve N

Sydney

The team at Orbell Family Lawyers are professional and know their stuff. The advice was thorough and straight to the point. My kids and I have been able to move on with our lives and I can’t thank the team enough.

Pre-Nuptial and Financial Agreements

The power of preparation in your relationship

Binding Financial Agreements

We can help you anywhere in Australia

Our process

Book a call or consult

Make a plan and action it

Reach a resolution

Who needs a Binding Financial Agreement?

Seeking legal advice from our expert family lawyers early on will ensure your best interests are protected

FAQs

Our Locations

Visit us at one of our office locations, or meet us virtually from anywhere in Australia.

Central Coast

Northern Beaches

North Shore

Start your journey today with a free discovery call

Testimonials

Read our client feedback

Discover your legal pathways with our free, online quiz

Meet our award-winning team

Sheree Orbell

Kate O’Grady

Janine Goodwin

Bronwyn Dwyer

Ollie Najdenska

Emmy Langmaid

Amelia Cox

Lucus Fiorenza

Savanna Bull

Elizabeth Aquilina

Lily Sanders

Georgia Spencer

Mia Eddy

Michelle McKinna

Nerida Wright

Lucie Lister

Nicolette Fischer

Summah Boyd

Shayne Orbell

Jessica Fitt

Donna Coffey

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Financial matters

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Splitting assets

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