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NSW Binding Financial Agreement without Divorce?

Discussion in 'Family Law Forum' started by ForATime, 15 July 2015.

  1. ForATime

    ForATime Well-Known Member

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    can you have a Binding Financial Agreement made without a divorce?

    Can you backdate its commencement if both parties agree to the backdated commencement date?
     
  2. Victoria S

    Victoria S Well-Known Member

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    Yes, you can make a binding financial agreement at any time during your relationship.

    What is your current situation? Are you married, but not intending to divorce? (so something like this might be well-suited: Post Nuptial Agreement Kit - Australia - Legal Documents - LawAnswers.com.au). Or are you separated, or have you gotten a divorce?

    Its not recommended that you backdate documents. When you come to an agreement that both parties agree to as at the current time and date, why would you want to backdate it?
     
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  3. ForATime

    ForATime Well-Known Member

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    Thank you Victoria.

    Can you include on certain elements (if agreed of course) such as that debt created after this date xx by either party is the sole liability of that individual, but leave out reference to current joint assets (again if agreed)?
     
  4. Victoria S

    Victoria S Well-Known Member

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    I'm not sure why you wouldn't reference current joint assets - why not set out how you'd like to deal with them and how you'd divide them if your relationship ended?
     
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