NSW Binding Financial Agreement

[Colint50]

I separated about three years ago from my wife, however we are only now starting to get things together to organise a BFA through through solicitors to ensure everything is legal, plus we will be selling one of our two houses soon and split assets, etc.
The question is: Are income and assets obtained since separation taken into account, or does it also include everything up to the present, even though we already have separate bank accounts, etc. There is superannuation, but I would have assumed that this and other assets, and income would only be relevant up to the point of separation.

I would appreciate any clarification of this?
Many thanks

 

[sammy01]

Courts will look at it from time of settlement (now) but if you guys can come to an amicable agreement then what courts would look at won't matter.
So there are no real hard and fast rules.
One rule is that parties have 12 months from time of divorce to apply to court.

Your best bet is to sell everything that is jointly owned (houses) divide the $$$ and move on. No need for solicitors... Easy. But if one party gets greedy and tries for a second bite of the cherry, things will get messy.