It is very important. A financial agreement is an asset protection tool. Married and de facto couples in Australia can enter into a written agreement, before, during or after cohabitation or marriage, which deals with how property and maintenance will be dealt with if they separate.

It is no secret that the importance of financial support from parents has increased over the last few years.

When determining how assets and liabilities should be divided upon separation, one of the steps the Family Court will take is to assess the contributions each party has made throughout the relationship.

Over the last 10 years or so the Family Court of WA (FCWA) and the State Administrative Tribunal (SAT) have had to deal with an increasing number of property settlement and maintenance claims and applications for guardianship and administration involving couples who are still married or in a de facto relationship but no longer live together because of failing health, old age, mental health or substance abuse issues.

A husband who pressured his soon-to-be wife into signing a Financial Agreement (also known colloquially as a “pre-nuptial agreement” or “BFA”) has had the Agreement set aside by the Family Court on the basis that his behaviour was “unconscionable”.

Navigating the complexities of a relationship breakdown can be emotionally and financially challenging. Binding Financial Agreements, also known as pre-nuptial, post-nuptial, or separation agreements and sometimes referred to as spouse loan agreements, offer married or de facto couples a way to plan for the potential division of assets and financial support in the event of [...]

How is property acquired after separation treated? As with many issues in family law, it depends on the circumstances.

To obtain spousal maintenance in Perth / Western Australia, we look to Section 72 of the Family Law Act 1975 (section 205ZC of the Family Court Act 1997 for de facto couples).

Demographically, Australia is experiencing significant intergenerational wealth transfers and will continue to do so for some time. 

In today's interconnected world, individuals are increasingly transcending borders, pursuing education, careers, and relationships across continents. Global mobility brings with it a unique set of challenges, particularly when it comes to planning for the financial future of a de-facto relationship or marriage in the event of separation.