Coutts Lawyers & Conveyancers is a powerful female-founded law firm with a core value system that puts people first. Our reputation as the legal business of choice in New South Wales is recognised by our many awards.
The team at Coutts have the expertise and experience to stand behind you and give you legal advice in a language you understand... without the legal jargon.
Coutts welcomes the opportunity to help you start a business, purchase a business, or sell a business in Australia.
Coutts Commercial and Business team takes pride in providing comprehensive legal services to businesses of all sizes.
At Coutts, our legal team offer the best service in a time where you feel at odds with the law.
Coutts provide expert legal advice in all employment related matters for both employers and employees including, but not limited to the following key areas.
Coutts provide legal advice in all areas of family law including; property settlements, divorce settlements, all types of parenting matters and the drafting of binding financial agreements and binding child support agreements.
At Coutts, we understand the devastating impact personal injuries can have, not only in a physical capacity, but also your emotional, mental and financial well-being also.
The important role conveyancers plays when people are buying and selling of property.
Have you been called as a witness by the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability? If so, you may be eligible to receive government funded legal representation.
A will is a legal document that specifies how you wish your assets and liabilities to be distributed following your death.
BINDING FINANCIAL AGREEMENTS, SECURING YOUR FINANCES POST-SEPARATION
Coutts offers expert legal representation for individuals regarding binding financial agreements. Our dedicated team includes an Accredited Family Law Specialist who is highly experienced in handling the intricacies of Family Law cases. We understand the sensitivity and complexity of Family Law matters, and we are committed to protecting the rights and well-being of our clients with compassion and precision.
Luisa Gaetani Partner & Accredited Family Law Specialist
A Binding Financial Agreement is a written agreement between a married or de facto couple that can be entered into at any stage of the relationship. Commonly referred to as a “pre-nup”, a binding financial agreement entered into before separation outlines how the property and financial assets of the parties will be divided if they were to separate. A Binding Financial Agreement can also be entered into after separation and will outline the division of assets decided between the parties.
A Binding Financial Agreement does not necessarily follow the Family Law Court’s normal avenue of division of property or assets. This agreement must be carefully drafted and reviewed to ensure it meets all of the legal requirements so that it may be upheld should it be challenged. By entering into a Binding Financial Agreement, the parties are essentially electing to enter into a contract stating that they agree for the Family Law Act not to apply to their matter.
A Binding Financial Agreement considers a range of issues relating to the finances of both parties, this may include:
Although a Binding Financial Agreement can be executed at any point during the relationship, it is recommended that such agreements are considered before living together or marriage.
The Family Law Team at Coutts have extensive experience in negotiating and drafting Binding Financial Agreements, tailored to the individual needs of the client. It is imperative that you receive legal advice before entering into a Binding Financial Agreement and our Lawyers are more than happy to assist.
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Schedule and attend a meeting with a Coutts lawyer to discuss the specifics of your matter and desired outcomes.
Share all related documents and information. Your lawyer will review everything, clarify aspects as needed, and then advise on the best action course.
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Execute the action plan, addressing a range of legal scenarios as necessary.
Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer will outline any final actions or considerations.
Meet Luisa, a Partner at Coutts Lawyers & Conveyancers, and an Accredited Family Law specialist. Luisa is the head of our esteemed Family Law team. Boasting over a decade of expertise, Luisa blends sensitivity with practicality, forging deep connections and trust with her clients. Her reputation as a foremost authority in Criminal and Family law is well-deserved.
A Binding Financial Agreement is a written agreement between a married or de facto couple that can be entered into at any stage of the relationship, commonly known as a “pre-nup”. This agreement outlines how property and financial assets will be divided if the couple separates.
In Australia, what is commonly referred to internationally as a “prenup” is known legally as a Binding Financial Agreement. Both terms refer to agreements made before marriage (or cohabitation) that outline how assets and finances will be divided upon separation.
A Binding Financial Agreement typically includes provisions relating to the distribution of property, division of financial assets, superannuation, debts and other financial matters, and spousal maintenance.
A Binding Financial Agreement can be executed at any stage of a relationship. It can be arranged before cohabitation or marriage, during the relationship, or after separation. However, it is recommended that such agreements are considered and entered into before living together or getting married, to pre-emptively address potential financial disputes.
Seeking legal advice is crucial when entering into a Binding Financial Agreement to ensure that the agreement is legally sound, equitable, and meets all the legal requirements. Legal advice helps in carefully drafting and reviewing the agreement to ensure it is fair and reasonable for both parties, protecting their individual interests and rights, and that it will be upheld in court if challenged.
Coutts’ Family Law Team specialises in negotiating and drafting Binding Financial Agreements tailored to the individual needs of clients. They provide essential legal advice before entering into such an agreement to ensure that it is in line with legal standards, equitable, and serves the best interests of the client.
Yes, with mutual consent and following the same legal protocols as the original agreement, including independent legal advice.
No, they serve anyone seeking financial clarity and protection in a relationship, regardless of wealth level.
It remains valid until legally terminated or replaced by a new agreement.
If one party breaches the BFA, the other party can seek enforcement through the court. The court may order compliance with the agreement or provide remedies such as financial compensation.
Yes, a BFA can include provisions for future assets or inheritances, detailing how they would be treated in the event of a separation. This foresight can protect future financial gains or gifts.
The timeframe for finalising a BFA depends on several factors, including the complexity of your financial situation, how quickly both parties can reach an agreement, and the thoroughness of independent legal advice. Typically, it could take several weeks to a few months.
No, a BFA does not need to be filed with a court to be effective. However, it must meet all legal requirements for BFAs under the Family Law Act, including independent legal advice for both parties.
While a BFA can mention child support, any terms regarding child support must not contravene the Child Support (Assessment) Act. It’s important to seek legal advice as child support arrangements might need to be handled separately to ensure they are in the children’s best interests and comply with legal requirements.
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