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Determine your next best steps forward with a free 15 minute consultation with the best family lawyer specific to your situation.

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Confusing legal documents, processes and jargon is frustrating. We make sure you understand your legal rights and feel confident with a clear plan forwards.

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We’re focused on timely solutions to help you negotiate, mediate and settle family law issues before going to court.

ACCESS AN AWARD WINNING TEAM

As WA’s award-winning & leading Parenting, Custody & Children’s Matters Lawyers, we help you minimise fallout on family disputes with effective legal strategies.

Doyles 2022 Paterson Dowding Preeminent Parenting Law Doyles 2022 Paterson Dowding Leading Family Law Doyles 2022 Paterson Dowding Recommended Mediator

SAVE ON TIME AND COURT FEES WITH A COMPREHENSIVE AND EQUITABLE BINDING FINANCIAL AGREEMENT

The Courts possess full discretion to avoid a BFA if it is not done correctly. A voided BFA is no longer binding, requiring you to settle through time-consuming and costly court proceedings. Save yourself the pain and hassle with the best legal advice on financial matters from the get go.

In simple terms, a Binding Financial Agreement, also known as a prenuptial agreement in Perth, is a legally binding contract between you and your former spouse – marital or de facto relationship – which dictates how assets and property will be divided between both parties. You can apply for a binding financial agreement/de facto financial agreement/de facto prenup at the start of your relationship, during and after you have separated.

Reasons Why You Would Get A Binding Financial Agreement

  • To protect your family wealth or inheritance, especially if in a family trust or business.
  • Protecting farming enterprises for future generations, if you own a farm.
  • To limit involvement in the family court in a separation.
  • Couples entering a second relationship that wish to protect assets from the last relationship for their children.
  • General estate planning and business succession planning measures.

Creating a Financial Agreement provides you with certainty on your assets and protects your interests in the event of separation, while preventing costly legal proceedings in the future. Speak with an experienced Family Lawyer for a comprehensive and equitable BFA that protects your best interests and complies with legislation.

We can assist you with:

  • Drafting, advising and representation on Binding Financial Agreements
  • Help you and your spouse agree on how to split assets
  • Set the terms and conditions to spousal maintenance.
  • Provide recommendations, advise and reassurance on joint enterprises and family business matters

REVIEW YOUR FINANCIAL AGREEMENT WITH A FAMILY LAWYER

Has your ex partner presented you with a financial agreement you don’t agree with? Book a free consultation to discuss what are your next best steps and how to ensure your interests are protected.

OUR SIMPLE PROCESS CAN IRON-OUT THE DETAILS OF YOUR FINANCIAL AGREEMENT TODAY

BFAs are confusing and expensive, but they can be straightforward and less stressful with the right legal advice and strategy. Book your free 15 minute consultation with our specialist family lawyer to discuss your current situation and find out your next best steps.

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15 Min Free Consultation

To request a free consultation, simply fill out the form with your details and we’ll get back to you within 24 hours (Mon - Fri).

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Follow-up Call

Dedicated to providing the best client experience possible, our friendly staff will assist, guide and match you with the right specialist lawyer suited to your situation.

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Consultation With Specialist Lawyer

This is the right time to ask all of your questions and let our family lawyer know about any concerns you may have. Based on your situation, we will be able to provide you with legal advice, and help you determine what are your next best steps moving forwards.

Our mission is to help you navigate through divorce and resolve family law matters efficiently, so you can move on with your life.

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“Your advice and assistance has been invaluable. I am really happy with the outcome we have
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“Thank you so much for all the work you have put into my case over the last two years, I was very happy with the outcome of the property settlement and I am glad I chose you and Paterson and Dowding to represent me.”

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“I would like to commend the professionalism, empathy and kindness shown to me and my sister by Ursula Stevens during my property settlement.”

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FREQUENTLY ASKED QUESTIONS

The law can be confusing, especially when you have never dealt with it before. Rest assured, we are here to answer your frequently asked questions regarding family law.

The concept of prenuptial agreements or de facto prenups is not recognised in the Australian legal system, nor mentioned in any legislation. However, they are essentially BFAs that are drafted and agreed upon before marriage, and are essential in protecting financial assets of both partners to be married, or in a long term relationship.

You can apply for a binding financial agreement/de facto financial agreement/de facto prenup in Australia when you:

  • Start your relationship
  • During your relationship
  • After you have separated

If you are wanting to apply for a binding financial agreement, separation financial agreement, or de facto prenuptial agreement in Australia, both parties must have it overseen by legal professionals. Your best place to start is by booking a free consultation with Paterson & Dowding.

A financial agreement in divorce means you spend less money and time in court because your property settlement is more or less already defined. Binding financial agreement advantages and disadvantages vary because on one hand you will spend less time and money in court, but on the other your assets may be split unfairly. This is why you need a trusted legal professional.

Can they be overturned and are prenups legally binding in Australia? The answer is yes to both. Yes they are legally binding, but they can be overturned in special circumstances in a court. If you are unhappy with your financial agreement, see a Paterson & Dowding lawyer.

You might think that prenuptial agreements in Australia cost too much, but let me tell you they are worth it. In the long run if you separate, they will save you a lot of time and money in court. The disadvantage is that your assets could be split unfairly. To make sure this doesn’t happen, book a free consultation with a Paterson & Dowding lawyer.

How much does a prenup cost in Australia? Any court/law process varies in cost because everyone’s circumstances are different and require different responsibilities. However, in general a BFA costs between $2,000 to $5,000.

A Financial Agreement is not always “binding”. A financially binding agreement is only binding if all the legislative requirements have been met, the agreement has not been terminated and it has not been set aside by the Family Court. If you think your agreement is not valid, you should seek legal advice to see whether it can be set aside.

It is essential that you see a lawyer to ensure that your agreement is, as far as possible, valid and enforceable. At Paterson & Dowding our lawyers are experienced in drafting, advising and representing clients in relation to these agreements.

Further, it is important that your agreement also works at a practical level, so that in the unfortunate event that you separate, your agreement will operate clearly to manage your financial affairs. In other words, even though your agreement might comply with the legislation, if it has vague or imprecise terms, you might still find yourself unable to use your agreement. This may lead to arguments and the need to ask the Family Court to interpret your agreement.

  • Before you enter into a de-facto relationship or before you get married;
  • during your de-facto relationship or marriage; or
  • after separation or divorce, in which case your agreement operates to record the terms of your settlement as an alternative to obtaining consent orders from the Family Court.

Financial Agreements are not just for “celebrities”.

  • To protect your family wealth and or inheritance, particularly where a spouse is a member of a family trust or business;
  • Farming families in particular may look to a Financial Agreement to protect the farming enterprise for the next generation;
  • To decrease the risk of becoming involved in Family Court proceedings following a separation;
  • Couples entering into second or subsequent relationships or marriages often enter into Financial Agreements to protect the assets they bring with them, especially if they wish to preserve such property for any children of their earlier relationship or marriage; and
  • As part of general estate planning or business succession planning measures.
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FAMILY LAWYERS & MEDIATORS

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