Prenups and Binding Financial Agreements(BFAs)
Protect your future with expert guidance from Lewis Family Lawyers. When the future of your assets is at stake, we help you protect them with a prenup or legally binding agreement that outlines how assets, liabilities, and financial resources will be divided in the event of separation or divorce.Prenup or Binding Financial Agreement Services
At Lewis Family Lawyers, we offer a comprehensive range of services to support individuals and couples in preparing, negotiating, and finalising Binding Financial Agreements (BFAs).
Whether you are planning ahead with a Prenup, seeking to protect assets during a relationship, or requiring a customised agreement post-separation, our experienced family lawyers provide tailored advice to meet your unique needs. Our goal is to help you secure your financial future and minimise the risk of disputes with legally sound, carefully drafted agreements.
Prenups
Preparing binding agreements that set out how assets and liabilities will be divided in case of separation.
Protection of Assets
Assisting with strategies to protect/safeguard financial assets during the relationship.
Post Separation Agreements
Drafting customised agreements for non-standard asset divisions, including trusts and business interests.
Spousal Maintenance Waivers
Advising on and drafting waivers where both parties agree to forgo future support claims.
How Lewis Family Lawyers Support You with Prenups and Binding Financial Agreements?
When it comes to Prenuptial Agreements and Binding Financial Agreements, experience and attention to detail are critical. From your first call to finalising your agreement, our process is designed to make things clear, stress-free, and tailored to your unique relationship.
We work closely with you to ensure your agreement reflects your wishes, is legally sound, and fully enforceable. Here’s what to expect:
- Personalised Advice: We take the time to understand your financial situation and your goals, ensuring your agreement reflects your best interests.
- Drafting and Reviewing Agreements: Whether you need a new agreement drafted or independent advice on a BFA prepared by another party, we provide meticulous legal drafting and review services.
- Negotiation Support: If required, we can assist in negotiating terms with the other party’s lawyer to reach a fair and mutually beneficial outcome.
- Ensuring Enforceability: We ensure all legal requirements are met, including providing independent legal advice, to make sure your agreement is enforceable under Australian law.
- Clear Communication: We explain all aspects of the agreement in plain language, empowering you to make informed decisions.
FAQs
What is a Binding Financial Agreement (BFA) or Prenuptial Agreement?
A BFA is a legally binding document under Australian law that outlines how assets, finances, and spousal maintenance will be managed if a relationship ends; it’s commonly called a Prenup when made before marriage or a de facto relationship.
Why should couples consider a Prenup or BFA?
It provides clarity and certainty, helping avoid future disputes by setting clear financial arrangements from the outset.
Do I need to be wealthy to benefit from a BFA?
Not at all. BFAs are a smart, proactive choice for any couple wanting to protect their financial future fairly and respectfully.
Is a BFA different from a prenup or prenuptial agreement?
No. A binding financial agreement (BFA), prenup or prenuptial agreement are all terms for an agreement that sets out the way your assets will be divided in the unlikely event of a relationship breakdown.
Can a prenuptial agreement be signed after marriage?
A prenuptial agreement can be signed at any time during the parties’ relationship. Typically, however, you’d enter into it prior to marriage or a de facto relationship.
Does a BFA continue after death?
Yes, a BFA does continue to operate even after one party’s death which makes it binding upon the legal personal representative of the deceased party.
Can a BFA be amended?
Yes. Your agreement can be amended at any time, and you’re encouraged to do so as your circumstances change.
What information do I need to create a BFA?
In order to enter into a BFA, you’ll need to collect all your financial information, and that of your partner. This includes your assets, liabilities, employment and salary details, other income sources, recent tax returns, bank statements, superannuation information, any spousal support or child support and any other property you may have.
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We will help you navigate your family law issues with more certainty, and achieve the best outcomes for you and your family.