Financial Agreements

Financial Agreements – Back to Basics

This Webinar looks at the basics of drafting and advising on a financial agreement and minimising the risk of a financial agreement under the Family Law Act 1975 (Cth) (FLA) being found not to be binding or being set aside. It covers: Ensuring compliance with the relevant sections of the FLA Subject matter When is an agreement...

read more

Tips and Traps of Drafting Financial Agreements

This article covers the following traps, and tips on how to avoid them or minimise the risks:  Changes in the law Contingencies – changes in the parties’ circumstances Changes in entities and business operations Dealing with superannuation Inequality in bargaining power Disclosure or lack of disclosure Quarantining assets...

read more

Binding Financial Agreements: Drafting with the End in Mind

The reality is that, for some clients, happily ever after will involve the parties going their separate ways. When relationship breakdown occurs, how watertight is a financial agreement under the Family Law Act 1975 (Cth) (FLA)? This paper looks at taking a risk averse approach to financial agreements, some of the risky...

read more

Financial Agreements: still worth the candle?

Post Thorne v Kennedy (2017) FLC 93-807, family lawyers and clients have reconsidered the worth of financial agreements under the Family Law Act 1975 (FLA). At the outset, it is impossible to guarantee to clients that financial agreements are binding and will not be set aside. Lawyers can, however, take steps to reduce the...

read more

Hot Cases in family law – 2018

The most important cases in 2018 have been diverse. This paper looks at some of these. Financial agreements continue to raise new legal issues, and defining a de facto relationship continues to be far more problematic than one would expect. An unusual case involved the ability of an adult child to access the court file of his...

read more