9/24/11

Is A Binding Financial Agreement Necessary?

By Ray Latimer


You maybe getting married soon or are currently in a relationship and it's a chance to look at your financial issue with your partner. You may have certain expectations and if anything goes wrong in the future you would need to be protected. The question you ask yourself is whether you may need a binding money agreement?

How Does A Prenup Agreement Work?

It's also known as a pre-nup agreement, prenuptial agreement or a monetary agreement. If you have one this can possilby promote a harmonious relationship throughout a marriage and minimize disagreement when a marriage isn't going to last.

Since individuals are marrying older and moving into marriages with increased greater assets and a larger net worth, it's not at all unanticipated that with high divorce rates, people (and their families) wish to guard their resources.

The Binding Financial Agreement can cope with two main areas: property and maintenance. It can outline the investments or money resources, each party bring to the marriage and get during the marriage and if the marriage fails where to be divided. These agreements can also manage protection of the parties during the marriage and after the marriage.

The main advantages of a Binding Money Agreement are two fold. Firstly, it gives both sides with additional control over their property and assets and greater choice about their own financial situation. Secondly, such an agreement reduces issue and the chances of law suit if perhaps the marriage fails.

So it will be imperative that whoever drafts your binding financial agreement or suggests you of your rights under a proposed binding financial agreement is competent and experienced in Family Law and Binding Financial Agreements.

It's crucial that the Solicitor who drafts your Financial Agreement, will offer you separate legal advice on the binding financial agreement, are expert and certified in Family Law and Binding Financial Agreements, and are up-to-date with the Family Law legislation.

Whilst binding financial agreements can be binding, you'll find occasions where a Court may reserved a money agreement. These situations include fraud, unconscionability, or if there has been a material alteration of circumstances and for that reason of the change a party to the agreement will suffer difficulty if a Court won't set aside the agreement.




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