Binding Financial Agreements

Binding Financial Agreements (often referred to as ‘pre-nuptial agreements’, ‘pre-nups’ or ‘BFAs’) are designed to protect the property rights of parties in the event that a relationship ends. They can often save the stress and expense of lengthy court proceedings.

That’s why at Testart Family Lawyers, we handle all areas of family law in relation to Binding Financial Agreements, whether they are entered into before (a ‘pre-nup’), during, or at the conclusion of the relationship.

We aim to give you peace of mind so that you can move forward in your life with confidence and clarity without the worry and stress of having to go to court to settle your family law property matters.

The end of a relationship or marriage is often an incredibly difficult time, especially if there are disputes over the division of property or finances – and especially if those disputes lead to court. Correctly preparing a binding financial agreement before, during or after a relationship can be a cost effective, easy way to minimise that stress by avoiding court and resolving those disputes before they start.

Our process is designed to make preparing your binding financial agreement as easy as possible to save you significant time and money:

• Our first consultation is free, just call us to arrange yours. During this meeting, we’ll sit down with you to understand your circumstances and how a binding financial agreement could help you.
• Next, we’ll send a summary of your legal position and a plan to move forwards. We’ll clearly lay out your options so that you know exactly where you stand.
• Once you give us the go ahead, we’ll create a binding financial agreement that covers all relevant financial settlement and division of property, any financial support and agreed arrangements for children if applicable.

After we create your binding financial agreement, our experienced family lawyers will be on hand for advice and support as needed.

Binding financial agreements are not always enforceable in court. In fact, there have been many cases where they’ve been disregarded when they don’t comply with relevant laws and guidelines or when both parties have not received legal advice. To avoid this happening:

• Both parties must get legal advice prior to signing the binding financial agreement.
• The binding financial agreement must meet all relevant requirements.

It’s generally best to have an expert in family law prepare your binding financial agreement. That way, you can be sure that if there is a dispute when your relationship ends, your binding financial agreement will function as it should and protect your assets.

That’s where Testart comes in. Our team has deep experience and expertise in family law and together we’ve created hundreds of binding financial agreements. We’ll guide you through the entire process and ensure your binding financial agreement protects you as it should.