Financial Agreements

Financial agreements are contractual agreements that remove or restrict the jurisdiction of the Family Court and Federal Circuit Court of Australia.

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In this way, parties can avoid having to seek a Court-imposed resolution of property division and/or spousal maintenance. Financial agreements can be entered into before, during or after a marriage or de facto relationship.

They can cover matters such as:

  • the preservation of pre-relationship assets;
  • the protection of inheritances and gifts from family members;
  • final property entitlements upon separation; and
  • spousal maintenance.

In order to be legally binding, a financial agreement must satisfy a number of legislative requirements. This includes the requirement that each party receive independent legal advice.

Taussig Cherrie Fildes has considerable expertise in advising on, negotiating and drafting financial agreements. We work closely with our clients to ensure that their objectives are met and that all scenarios and implications (including taxation implications) are considered.

We also act for clients who have entered into financial agreements based on advice from other law firms but are now concerned about the appropriateness and validity of their agreements.

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