Financial agreements after de facto separation


Family Law Act 1975: Section 90 UD:

Financial agreements after breakdown of a de facto relationship

    (1)  If:

          (a)  after the breakdown of a de facto relationship, the parties to the former de facto relationship                 make a written agreement with respect to any of the matters mentioned in subsection (2);                     and

          (b)  at the time of the making of the agreement, the parties to the former de facto relationship                     are not the spouse parties to any other Part VIIIAB financial agreement that is binding on                       them with respect to any of those matters; and

          (c)  the agreement is expressed to be made under this section;

          the agreement is a Part VIIIAB financial agreement . The parties to the former de facto                         relationship may make the Part VIIIAB financial agreement with one or more other people.

    (2)  The matters referred to in paragraph (1)(a) are the following:

           (a)  how all or any of the:

                 (i)  property; or

                 (ii)  financial resources;

                 that either or both of the spouse parties had or acquired during the former de facto                                relationship is to be distributed;

          (b)  the maintenance of either of the spouse parties.

    (3)  A Part VIIIAB financial agreement made as mentioned in subsection (1) may also contain                     matters incidental or ancillary to those mentioned in subsection (2).

    (4)  A Part VIIIAB financial agreement (the new agreement ) made as mentioned in subsection (1)             may terminate a previous Part VIIIAB financial agreement (however made) if all of the parties to           the previous agreement are parties to the new agreement.

Please call AussieLegal on 1300 728 200 for more information on Binding Financial Agreements under Australian lawfor a fixed price of $1,875.00 including legal advice and certification from 2 independent family law solicitors.