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NSW What Happens if a Binding Financial Agreement is Breached?

Discussion in 'Family Law Forum' started by Rick O'Shay, 21 October 2015.

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  1. Rick O'Shay

    Rick O'Shay Member

    9 May 2015
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    Me and my de facto partner separated roughly 6 months ago. Ex asked for the house to not be sold in order to give her the opportunity to refinance. Ex advised a Binding Financial Agreement would allow her the opportunity to waive stamp duty, etc. when refinancing.

    The Binding Financial Agreement eventually got created, removing me from all responsibilities, eg. debts, mortgage and providing me with a payout amount. This Binding Financial Agreement has a 60 day time limit.

    If my ex chooses not to or is unable to honour the Binding Financial Agreement within the 60 days signed and agreed upon, what action can be taken?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Its essentially a private contract between you, so you can take her to court to get orders enforcing the agreement like you can with any contract.

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