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PDOs can be entered into before, during or after the start of a de facto relationship. A BFA excludes the court from any participation in the patrimonial or financial aspects of the relationship 6 In order to avoid any dispute over the value of the assets at the beginning of the relationship or at the time of the financial agreement. Couples often think that once they have been in a relationship for two years, they are in a « de facto » relationship. However, de facto relationships have a specific definition from the Family Law Act 1975 (Cth) (the Act), and it is not always as simple as a two-year anniversary. Below we look at how this definition can apply to you and your partner and what it means when it comes to establishing a binding financial agreement. Drawing up a binding financial agreement is complex. The couple must be aware of what they mean in the agreement. Financial agreements made prior to a marriage or common-law relationship can determine how to manage the property and financial resources of the parties in the event of a relationship failure. They may also contain provisions relating to the maintenance of one of the parties. Once you have thought about these issues, you should talk to your lawyer. Your lawyer needs a detailed list of your current income, assets and liabilities.
The more information you provide, the more binding your agreement is likely to be. They should obtain proof of the value of assets and provide bank statements of bank accounts, equity, repo interest and other investments. By entering into a binding financial agreement, the parties agree in advance on how their assets are distributed in a real estate transaction in the event of a relationship failure. Therefore, the parties can agree on the distribution of their property privately and quickly at each stage of their relationship in the event of a breakdown of their relationship. 2 For the protection of assets acquired by a party before the start of the relationship and for which there is a significant difference in assets between the parties. You`ve worked hard for your money and it`s important that when you enter into a serious relationship, you take steps to protect your assets. Marital fat must be formulated in such a way that it meets all the many legal requirements and in a way that means it will be maintained in the future if it is challenged.. . . .