A recent decision of the Family Court has put in doubt just how binding are the so-called 'binding financial agreements'.
While the intention of the law is to allow people to structure and plan for their financial affairs in the event of a separation, the Family Court, protective of its power to make overriding property adjustment orders, has in a very recent decision, taken a very strict approach in interpreting the formal requirements of such agreements.
The requirements of the Act must be strictly adhered to including:
All existing Binding Financial Agreements (pre-nuptial agreements) should be reviewed in light of such recent decisions so as to ensure that they are indeed binding.
Given the strict compliance rules, specialist Family Lawyers should be instructed
The Norton Law Group is a long established and leading family law firm with specialist family lawyers in Sydney.
We offer first free family law conferences and tailored pathways including for both negotiation and court proceedings.
North Sydney
Sydney CBD Office
Leichhardt Office
© 2025 All Rights Reserved | The Norton Law Group |
Privacy Policy
|
Digital Marketing by
Whitehat Agency