BFA’s- Pre Nups & Post Nups Mockup

Australia’s Most Awarded Family Law Firm

Financial Separation Agreements Avoid Going To Court!

A prenup ensures that you have no future financial disputes. We provide stressfree solutions to ensure that you are properly protected.

Post nups can be financial separation agreements post a relationship breakdown. Or you can plan for that eventuality with a pre-nup. These are all known as “BFA’s” (Binding Financial Agreements).

Having a prenuptial agreement (prenup) doesn’t mean that you expect your marriage or relationship to fail nor does it suggest that you don’t trust your partner in relation to your finances. Prenups, postnups and other nups just mean you agree and keep everything out of expensive Family Court proceedings!

Speak Directly or Message Our Managing Partner

Jaswinder (Jas) Sekhon

Jaswinder (Jas) Sekhon

Managing Partner
Goldman Law (Australia and International)
  • Complex family law financial matters
  • Complex valuations or structures in family law
  • Commercial practical outcomes and strategy for clients
  • Family law litigation and appeals
  • Accredited Mediator

The Process For Contested Orders When Parents Cannot Agree

  1. Write to the other side
    We write to the other side to invite them to resolve the dispute and we outline what our arguments are and what we are seeking.

  2. Attend dispute resolution
    We selected dispute resolution service and we attend that service – this will cost both parties legal fees and the fees for the dispute resolution service.

  3. Written notice of issues and future intentions
    If we reach agreement then we file for consent orders in the agreement is formalised. If dispute resolution is not attended or fails to reach a solution, and at this stage we write again of the notice of the intention to start a proceeding. We again list issues in dispute and the genuine offer to resolve this issue is and wait at least 14 days from the date of the letter.

  4. Reply to the notice of intention
    If you receive such a notice of intention then we must reply on your behalf within this time period

  5. Lodge an application in court
    Finally, after reasonable attempts to resolve the above by correspondence, we may file proceedings via an application in the Court.

Start your matter from $1200 plus GST (Parenting and Financial).

Prenup/BFA Review From $1490+ GST

The cost of a financial agreement will vary depending on the time required for lawyers to draft the pre-nup, advise their respective clients in relation to the BFA and duly execute the BFA. The cost of obtaining a BFA will be relatively low provided all parties agree to reasonable terms.

In the recent case of Graham & Squibb [2019] the Full Court of the Family Court upheld a pre-nuptial agreement at the considerable emotional and financial cost of the parties’ because there were errors in the drafting of the agreement that called the pre-nup’s validity into question.

It is very important that you use senior lawyer who are experienced in this area of the law for advice.

All – Binding Financial Agreement (“BFA“)

A prenuptial, a premarital agreement, prenup, prenupt or postnup is a contract recognized in Australia by the Family Law Act 1975 that you and your partner enter into.

Whether it is a marriage or a de facto relationship, binding financial agreements can be made before, during or after the relationship.

How Much To Draft?

To draft and certify a BFA (more work than to review) will typically be around $2000 plus GST. The final cost will depend on the number of amendments that are made with the your partner’s lawyer. If it is a simple BFA and pre-agreed in principle, the costs are typically within the range of the estimates above. Go to our fixed fee offers page for more detailed information or contact us.

Prenuptial agreements refer to the legally binding financial agreement reached between two parties prior to marriage or defacto relationship.

Postnuptial agreements refer to the legally binding financial agreement reached between two parties during the marriage or defacto relationship.

They will stipulate how in the event of a separation, all or any of the property of the parties is to be distributed. They will also cover financial resources and spousal maintenance.

When To Consider A Pre-Nup

  • Are you getting married in the not too distant future? 1 in every 3 marriages end in divorce.

  • Its an act of kindness and love that you plan for the worst. You only activate the pre nup if you do break up and it minimises emotional and legal costs in the future.

  • Pre-nuptial agreements are the most common, as the name suggests, this document is drawn up before a couple is married. This document takes into account the couple’s individual assets and incomes. It then gives guidance on how to divide the assets in case of a divorce. It also takes into account any potential or future increases in one party’s assets or income. This is especially helpful for protecting a spouse’s retirement income.

  • Pre-nups are essential for people with children from previous marriages. In the event of the death of that parent, their children could be left with nothing if all the assets go to the spouse.

De Facto’s Can Get A Pre-nup Agreement?

The same circumstances that arise in a marriage can occur in a de facto relationship as well. As a result, since 2009, the same laws apply to de facto relationships. This means that a couple in a de facto relationship can get a prenup or postnup.

Child Support & Other Factors

  • When entering a binding financial agreement, it is important to consider all future possibilities. This includes children. Even if you are not sure whether you and your partner want children, it is important to include details regarding child support and maintenance.

  • If you do have children in the future, and this wasn’t mentioned in the prenuptial agreement, then any understanding is not legally binding.
    Under Section 90A of The family law act (1975), prenuptial agreements can only provide for child support if the child has been born and can be named. The exact amount of maintenance will need to be included in the agreement.

  • Keep in mind that the terms of the prenuptial marriage contract can be overridden by the Court if it is deemed to not be in the best interest of the child.

Wills Contemplating Marriage/De-Facto?

  • Lastly, there are other matters that need consideration before marriage.

  • A will that is made before marriage is usually revoked when the marriage occurs, unless the Will is made in contemplation of marriage.

  • It is also important to look at the way in which an asset is legally owned so as to meet all your needs after death such as testamentary and inter vivos trusts, gifts and binding death nominations of certain insurances and funds.

Prenuptial Checklist – What it Can Cover!

  • You don’t want the division of your property and assets decided by the courts

  • You want to avoid the emotional turmoil of a divorce

  • You want to keep pre-marital assets separate

  • A safeguard and financial protection for both parties

  • The other party has debt that you are concerned by

  • One party owns a business

  • One party is from a wealthy family and wants to protect a potential inheritance

  • Parties who already have children from a previous relationship

  • Spousal support

  • Cash

  • Real estate

  • Superannuation & pension entitlements

  • Joint investments

  • Joint businesses

  • All future aspects such as children and future asset purchases

Rapid Global Logistics
Rapid Global Logistics
2022-01-25
Goldman’s dispute resolution/ litigation group has furnished legal advice and steerage throughout a hard and vicious court scenario. I discovered them to be experienced, responsive, knowledgeable, and honest. Jas is amazing on the overview and strategy. Ms Jen Cheal as the practice manager excels in knowledge, details and delivery; harnessing and enhancing the lawyers. Kim as client liaison is great to call when I need to speak with the legal eagles on weekends or nights when no one would answer my call! Thanks for the corny jokes Kim! (seriously). The senior team kept me informed and drove the litigation better than I expected and honestly, its no comparison to other firms I have used. I have used some very large and good firms (at 30% more cost +) but it always comes down to the people and their willingness. Not cheap here – but always reasonable and willing to review invoices and fees. Worth double with the drive and energy to win! Litigation is never a good thing and the last thing you need are jaded lawyers. Recommended and 5 star ! Thanks guys!
Josh Henry
Josh Henry
2021-12-28
I was uncertain and afraid of what would happen at court. Mat Nott put my fears at ease leading up the my court date and then on the day it unfolded exactly as he said it would. We got the best possible outcome. Thank you Mat for your help and expertise.
Frances Thiedeke
Frances Thiedeke
2022-01-31
Well considered advice presented in a way that was easy to understand and answered all questions. Thank you

Book stress free calls, appointments or chats.
Online and after hours

Book A Consult Online

68% of clients expect lawyers to be available outside of their office.

59% of clients expect lawyers to be available outside of business hours.

Meet outside the office

Meet outside business hours

17% Of consumers say handling issues legally is too overwhelming.

14% Of consumers say handling issues legally feels too stressful.

Making law simple

No stress advice

LawConnect is the one place to easily and book instantly our lawyers online.

FAQ's – BFA's- Pre Nups & Post Nups

Grounds for Setting Aside a BFA?

  • Misrepresentation or fraud
  • To establish fraud can involve some failure to disclose something a court considers relevant to enter the BFA.
  • Misrepresentation; it must be shown that there was a false statement that effectively induced the other partner to enter into the BFA.

Change of Circumstances in Relation to Children?

  • Any circumstantial changes relating to the best interest of the child or children that the court regards as “material”, such as wellbeing, child development and health are paramount when the court considers setting aside a BFA.
  • For instance, when the BFA was entered into, the child may have originally lived with the mother, but later moved to live with the father. This might form grounds for the court to set aside the BFA.
  • If the child becomes disabled or sick requiring expensive medical treatment, the BFA may be set aside if it runs contrary to the interests of the child.

Fraud Against 3rd Parties Such as Creditors?

For example, if assets are transferred prior to a BFA prior to bankruptcy in circumstances the trustee in bankruptcy and/ or the family court may investigate and set aside the BFA.

Uncertainty and Incompleteness?

  • Impracticability
  • It would be unreasonable to enforce the agreement and so a court will have it set aside.

Unconscionable Conduct, Duress and Undue Influence?

  • Unwarranted pressure on the other partner to take part in a BFA. Violent threats, intimidation and bullying are common examples of undue influence and duress.

Splitting Orders and 'Unsplittable Interests'?

  • It will not, however, be possible to split a superannuation account with very little money.
  • Other types of interest have been deemed unsplittable.

Fair and Reasonable?

    • A court will only make orders on your consent orders if they think that what you have agreed on is fair and reasonable to both parties.
    • A BFA may not necessarily be fair to both of you and it is possible that you or your partner may have a more advantageous settlement.
    • A lawyer may also prepare a “Letter of Advantage/Disadvantage” when they review a BFA so that their client is aware of the effect of the BFA.
    • If a BFA is prepared without this independent legal advice, the BFA is void and unenforceable.

    A “Certificate of Independent Legal Advice” is required to be prepared and signed to
    show that both of you have received independent legal advice.

Full Disclosure a Must?

    • In both cases the parties must disclose all assets, whether in their name or not, and liabilities. The documents may be overturned and contempt of court penalties may apply if full disclosure is not made.

What Assets are Covered in a Property Settlement?

      • All of the parties current assets, liabilities and financial resources are considered. This will include both parties superannuation and pension entitlements.

Liabilities?

        • Liabilities are also considered in the same way and they will include both parties, debts, credit cards, loans, tax and stamp duty obligations and that is irrespective of whether they are in joint names or the name of one party.

68%
of clients expect lawyers to be available outside of their office.

59%
of clients expect lawyers to be available outside of business hours.

Book A Consult Online

17%
Of consumers say handling issues legally is too overwhelming.

14%
Of consumers say handling issues legally feels too stressful.

LawConnect is the one place to easily and book instantly our lawyers online.


    Instant Law

    Advice / Help / Consult

      Lawyer Direct Query. Response