When entering into a financial agreement in Australia, it is important to understand the legal requirements and implications. A financial agreement is a legally binding document that details how assets and liabilities will be divided in the event of a separation or divorce. These agreements can be made before, during, or after a marriage or de facto relationship.
One of the most significant benefits of a financial agreement is that it gives couples the ability to control how their assets and liabilities will be divided. This means that they can tailor the agreement to suit their individual needs and circumstances. For instance, if one partner owns a business, they may wish to protect their business assets by including them in the agreement. Alternatively, if one partner has significant debts, they may wish to exclude these from the agreement.
Another benefit of a financial agreement is that it can provide financial certainty and security. When a couple separates, emotions can run high and it can be difficult to make rational decisions. A financial agreement takes the emotion out of the equation and provides a clear framework for how assets and liabilities will be divided. This can reduce the stress and uncertainty that often comes with separation.
To be legally binding, a financial agreement must comply with various requirements set out in the Family Law Act 1975. These requirements include:
– The agreement must be in writing and signed by both parties.
– Both parties must have received independent legal advice before signing the agreement.
– The agreement must include a statement from each party`s lawyer about the advice they provided and the effect of the agreement on their client`s rights.
It is important to note that a financial agreement cannot override the jurisdiction of the Family Court of Australia. If the court finds that the agreement is unfair or would cause serious injustice, it may set it aside. Furthermore, if circumstances change significantly after the agreement is made, it may no longer be appropriate or fair.
In summary, a financial agreement can provide couples with a sense of control and certainty when it comes to dividing their assets and liabilities. However, it is important to seek independent legal advice and ensure the agreement complies with the legal requirements. A financial agreement cannot override the jurisdiction of the Family Court of Australia, so it is important to keep this in mind when drafting the agreement.