Recorded Webinar: Drafting Binding Financial Agreements that Withstand the Test of Time

The Family Law Act 1975 allows couples to enter into financial agreements before, during and following the end of their marriage or de facto relationship concerning division of assets in the event of a separation. However, there is always a potential risk that the financial agreement may be set aside, including where it has failed to meet the legislative requirements or its terms are ambiguous or incomplete. This session provides a practical guide to drafting agreements that are able to withstand both the challenges of a relationship breakdown and the legal scrutiny of the courts, including:

• Reviewing the legislative requirements for making a financial agreement
• Drafting appropriate letters of advice
• The importance of complete financial disclosure from your client
• Structuring the financial agreement and drafting in clear, unambiguous terms
• What’s in and what’s out: determining content – property, financial issues, liabilities, proposed division, spousal maintenance claims, children, and pets
• Incorporating additional complexities: family trusts, family businesses and investments, blended families, taxation implications and superannuation funds
• Recent cases on financial agreement interpretation, including Warrick v Mia [2018] FamCA 426