binding financial agreement

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A contract is a legally binding document that recognizes and governs the rights and duties of the parties to the agreement. A contract is legally enforceable because it meets the requirements and approval of the law. A contract typically involves the exchange of goods, service, money, or promise of any of those. "Breach of contract", means that the law will have to award the injured party either the access to legal remedies such as damages or cancellation.In the Anglo-American common law, formation of a contract generally requires an offer, acceptance, consideration, and mutual intent to be bound. Each party must be those who are binding by the contract. Although most oral contracts are binding, some types of contracts may require formalities such as being in writing or by deed.In the civil law tradition, contract law is a branch of the law of obligations.Each country recognised by private international law has its own national system of law to govern contracts. Although systems of contract law might have similarities, they may contain significant differences. Accordingly, many contracts contain a choice of law clause and a jurisdiction clause. These provisions set the laws of the country which will govern the contract, and the country or other forum in which disputes will be resolved, respectively. Failing express agreement on such matters in the contract itself, countries have rules to determine the law governing the contract and the jurisdiction for disputes. For example, European Member States apply Article 4 of the Rome I Regulation to decide the law governing the contract, and the Brussels I Regulation to decide jurisdiction.

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    VIC Have Family Court Set Aside Binding Financial Agreement?

    I have a binding financial agreement with my ex-wife. However, my circumstances have changed drastically with 2 children in a new marriage. Is this grounds enough to have a family court decide whether it should be set aside?
  2. W

    Ex Insisting on Binding Financial Agreement -Thoughts?

    Hi again everyone, Here's the situation: My ex-wife and I have a buyer for our jointly owned property. It's the best offer we've had in the last 12 months. My ex says she will only sign if I sign a binding financial agreement of 50/50 on the proceeds from the sale and walk away. I have made a...
  3. W

    Can Ex Request Binding Financial Agreement Before Selling Home?

    Hi everyone, This is the situation. Over 12 months ago, my wife (separated then) gave her permission to put the family home on the market, with the option of buying me out if she wanted. I listed the property for private sale and spent $500 on advertising. A week later, I receive a letter from...
  4. S

    NSW Is a Binding Financial Agreement Recommended?

    Married a Thai lady just about to come to Australia to live. I have property - a unit in which I live in and another investment one which is half paid for. I wish to protect my assets, offering half of any increase in value while we are together. Now is a binding financial agreement...
  5. E

    NSW No Binding Financial Agreement - Can Ex Claim Against Property?

    Almost a decade ago, my son's father and I split up. We had bought a house and were together 3 or so years. We agreed on a sum to pay him out of the property and I remortgaged. Our conveyancer drew up a transfer agreement which we both signed and I paid him out the agreed sum. I continued to...
  6. J

    QLD What are Son's Property Settlement Entitlements?

    My questions are probably simple to answer: My son is/was in a de facto relationship with a woman who we know will not co-operate in any way shape or form with any type of consent orders or binding financial agreement. They have been in a de facto relationship for five years, but it has broken...
  7. X

    VIC Will Other Legal Proceedings be Affected by Divorce Application?

    Hi. I'm new here but I have tried other threads. My case in a capsule-- 1) Hubby works in Australia as an operating nurse (former Filipino converted to NZ citizenship), we married in the Philippines. He filed for an annulment in 2009, found out about it in 2011. Judge who granted annulment was...
  8. ForATime

    NSW Paying Out Mortgage - Ideas on Binding Financial Agreement?

    Looking to pay out the remainder of a friends mortgage and join title. Any ideas regarding a binding financial agreement, exit clauses, etc?
  9. E

    QLD De Facto - Will Consent Orders Stand?

    We are ready to draw up consent orders in the event of a split with regards to our property (we don't share children). Should we get married, however, will those orders still stand even though they were approved while in a de facto? We just can't afford a binding financial agreement, but I put...
  10. S

    WA Binding Financial Agreement While Partner is on Student Visa?

    Hi all, I'm after some help re Binding Financial Agreements. I've been dating an overseas student (student visa holder) for 1 year and we're about to move in together. Hopefully, if things go well, we will apply for a spouse visa in a year's time. Naturally, I want to safeguard my assets...