Financial Agreements

At Burrell Family Law, we understand the pivotal role financial agreements play in providing clarity and security regarding property division at various stages of a relationship. These agreements, which outline the desired property division in case of separation, offer a structured approach without requiring court approval. However, adhering to specific criteria is crucial to ensure the agreement’s legal validity, including exchanging a Separation Declaration and Solicitors Certificates.

Upon execution, a financial agreement effectively removes the court’s jurisdiction over financial matters between the involved parties. This means that any financial proceedings related to the agreement fall outside the court’s purview. However, terminating the agreement requires mutual consent, necessitating both parties to enter into a Termination Agreement.

We specialise in guiding clients through the complexities of financial agreements, ensuring that their interests are safeguarded, and their agreements are legally sound. Our expertise allows us to provide comprehensive advice on drafting, executing, and terminating financial agreements, empowering our clients to make informed decisions regarding their financial futures.

Financial Agreements | Burrell Family Law

However, certain circumstances may lead to a financial agreement being set aside by the Court, including:

  • Failure to disclose relevant matters, such as assets or interests in trusts.
  • Obtaining the agreement through fraud or duress.
  • Using the agreement to defraud a party to a de facto relationship or defeat their interests in any pending court application.
  • Engaging in conduct to defraud or defeat a creditor or third party.
  • Impracticability due to changed circumstances after the agreement was made.
  • Unconscionable conduct by either party during the agreement’s formation.
  • Material changes in circumstances relating to the care of children under 18, causing hardship to the children or their caregiver.
  • Uncertainty, incompleteness, or irregularities in the agreement’s formation, such as undue influence or misrepresentation.

Financial agreements are intricate legal documents, and we possess the expertise and experience to provide comprehensive advice on this matter. We understand the complexities involved and are dedicated to guiding our clients through the process, ensuring that their interests are protected, and their agreements stand up to legal scrutiny.

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