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Separation Agreements

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Couples who have separated after 1 March 2009, whether married or de facto, can enter into a Binding Financial Agreement (BFA) under the Family Law Act which formalises an agreement as to how the assets and liabilities of their relationship are to be divided, and what, if any, maintenance is to paid to either party. These BFAs are sometimes referred to as separation agreements.

 
It is important, after a relationship ends, to obtain final orders for property settlement to bring an end to any future claims. This can be done in the form of Court orders or a BFA. Once final orders are made your financial relationship with your ex partner will be over – and neither party can make a claim on the other’s property in the future (except in exceptional circumstances with express permission from the Court).
 
The benefit of executing a BFA, rather than obtaining Court orders, is that there is no requirement for the Family Court to approve the terms of a BFA. Couples can decide to divide their assets and liabilities as they think fit, and providing that the legislative requirements and procedure for the giving of legal advice and execution of a financial agreement are met, their BFA will be enforceable.
 
For more information on Binding Financial Agreements, click here.
 
Call one of our Family Lawyers for free initial telephone advice on your circumstances on 95258688.

Key People

sutherland shire lawyer greg dicksonGreg Dickson 

primary area of practice is litigation. In 1993, he became one of the first solicitors in New South Wales to achieve Accreditation as a Specialist in Family Law and Property Relationships Act Law. Greg is the head of our Family Law Division but also practices extensively in commercial and general litigation ...read more

sutherland shire lawyer kevin dwyerKevin Dwyer 

can advise you upon and conduct all Family Law and De Facto Relationship matters in the Family Courts at Sydney, Wollongong and Parramatta. Kevin can also assist you in Criminal Law and appear in Local Courts all over New South Wales in AVO and criminal proceedings as well as ...read more

Amanda DoringAmanda Doring 

is a Family Law Accredited Specialist with extensive experience drafting binding financial agreements and conducting urgent applications in the Family Court and Federal Magistrate’s Court as well as De Facto proceedings in the Supreme, District and Local Courts ...read more

Lisa O'Leary 

operates predominantly in the area of Family Law and De Facto Relationship dispute resolution in the Family Court, the Federal Magistrates Court, the Local and Supreme Court or by alternative dispute resolution procedures ...read more 

Nicola Morgan 

Nicola joined Warren McKeon Dickson in January 2009 as the recipient of the Warren McKeon Dickson Work Integrated Learning Scholarship offered in conjunction with the University of Wollongong.  ...read more 

 

 

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