docDownload
AcademiaClubs & NGOsCorporateHuman ResourcesInformation TechnologyLegal
MarketingPersonalProfessional & OtherProject ManagementRisk ManagementTendering
# Precedents Online -ALL legal documents
# Precedents Online -MY legal documents
Affidavit and other court forms
Agency agreement
Agreement (Contract) Basic
Agreement Contracting & sub-contracting
Binding Financial Agreement
Briefings
Business operations
Cessation & Winding-up
Character Reference (Criminal Court)
Civil Court - Evidence related documents
Claims & Counter-claims
Cohabitation agreement
Confidentiality Agreement
Contracting & Sub-contracting
Contracts (Basic)
Criminal Court - Evidence-related docs
Debt Recovery
Deed (Contract under seal) Basic
Deed (Contract under seal) Other Formats
Deed Poll
Domestic Relationship Agreement
E-commerce
ERP Litigation & Expert Witness
Employment Contract
Enduring Power of Attorney
Family Law -Binding Financial Agreement
Family Law -ParentingOrder Final
Family Law -ParentingOrder InterimUrgent
Family Law -PropertyOrders Final
Family Law -PropertyOrders Interim
Formation & start-up
Freehold
General power of attorney
Gift
Instrument of delegation
Instrument of indemnity
Lease
Legal entity
Licence
Loan
Memorandum of understanding
Miscellaneous Contracts
Offer To Settle
Partnership agreement
Pleadings
Post-nuptial agreement
Pre-nuptial agreement
Promissory Note
Proxy
SPAM
Sale of Shares
Sale of business (as a going concern)
Sale of capital asset
Sale of object of sale (private)
Sales Acts & related
Separation Agreement
Service agreements & outsourcing
Statement of Claim
Statutory declaration
Subpoena
Superannuation SMSF
Supply - Agreement to conditions of sale
Supply - Terms & conditions of sale
Termination Agreement
Testamentary trust
Will
Workbench (internal)
Workers compensation
Writing to the legal profession
acronyms
dictionary
Member Login
Username
Password
 
Become a member
lost your password?
Search
Search
Search
About docDownload



Pre-nuptial agreement

Before two people marry, and if both parties to the planned marriage agree, they can enter an Agreement in accordance with the laws and principles of the Family Law Act, commonly known as Binding Financial Agreement (“B.F.A.”) which says, in effect: the two of us agree to do certain things with our property, and we don’t want the Family Court to order otherwise (even though one of us might later change our mind). In legal terminology, a BFA attempts to "oust the jurisdiction of the Family Court", although the Family Court nevertheless retains some power to interfere in the property relations of the parties, in limited circumstances.

The Family Law Act enables parties to a marriage to make a BFA before a marriage (see section 90B of the Act).

Sometimes the agreement under s.90B is called a “Prenuptial Agreement”. However, the Family Law Act doesn’t employ that terminology.

We provide a sample of a BFA before marriage, and a sample of a BFA after a divorce. The BFA below is designed for couples who intend to marry but wish that their property should remain as much as possible in their respective individual names and possession.

To be effective, a BFA should include two certificates signed by a lawyer, one for each party, saying the lawyer gave certain advice about the BFA. Therefore it is likely that any couple wanting to enter a BFA will seek some input from a lawyer rather than write the whole agreement by themselves. However, we at docDownload hope that the samples we provide may enable couples to do as much of the writing as they can by themselves, before going to the lawyers, which might reduce the amount they spend on lawyers. DocDownload says this only as a general observation and does not purport to give legal advice to any customers.

Some background reading before downloading:
Important notes to be read before downloading pre nuptial and post nuptial agreement templates
Understanding solicitor's explanation and comments

To join the Network & to start a discussion on LinkedIn Click here docDownload Pty Ltd on LinkedIn

Click on Heading to read a more detailed description:


Choose a template:

27305 *BFA binding financial agreement PRE-nuptial (any State)

New. For soon-to-be-married persons in any State/Territory in Australia. This pre-nuptial agreement, in plain text, is a binding financial agreement (BFA) for the purposes of the Family Law Act 1975 between soon-to-be-married persons who have decided that they wish to keep their current property separate from the marriage without Family Court orders. It includes annexures (1 and 2) for listing property owned at the time of the agreement by each of the parties. Note that it needs a solicitor's certificate (annexures 3 and 4) in order to be finally binding. (pre nuptial, prenuptial, before marriage). Australian legal agreement. (L-2006)

94908 *BFA binding financial agreement PRE-nuptial(any S)(now)cont

New. For soon-to-be-married persons in any State/Territory in Australia. This pre-nuptial agreement, in plain text, is a binding financial agreement (BFA) for the purposes of the Family Law Act 1975 between soon-to-be-married persons who have decided that they wish to keep some of their current property (Schedules 1 & 2) separate from the new relationship but also to ensure that other listed assets (Schedule 3) are to be considered as jointly owned and that, from now on, any further acquisitions shall be owned jointly. The agreement provides that upon separation, jointly-owned assets will divided on the basis of contribution.

After March 2009 the Family Court began acquiring jurisdiction over de facto relationships, so the Agreement also calls itself a "Part VIIIAB financial agreement" under the Family Law Act.

Note that it needs a solicitor's certificate (annexures A and B) in order to be finally binding. (L-2064PreNup BFA contrib)

54482 *BFA binding financial agreement PRE-nuptial(any S)(now)equa

New. For soon-to-be-married persons in any State/Territory in Australia. This pre-nuptial agreement, in plain text, is a binding financial agreement (BFA) for the purposes of the Family Law Act 1975 between soon-to-be-married persons who have decided that they wish to keep some of their current property (Schedules 1 & 2) separate from the new relationship but also to ensure that any new acquisitions shall be owned jointly. The agreement provides that upon separation, jointly-owned assets will divided equally regardless of contribution.

After March 2009 the Family Court began acquiring jurisdiction over de facto relationships, so the Agreement also calls itself a "Part VIIIAB financial agreement" under the Family Law Act.

Note that it needs a solicitor's certificate (annexures A and B) in order to be finally binding. (L-2087PreNup BFA equal)

Read More:



Have you read:

OFFER: Bus/Corp Members only! Free membership forever ...
Site Map
Glossary of Acronyms
Dictionary - Some basic legal terms
Index
Contact details
FAQ - Frequently Asked Questions
ALL THE LEGALS FOR JUST $10 PER WEEK!
Email this page to a colleague

Template Key:

 Free
 Free to Members or Pay-per-Download
 Pay-per-Download, 10% discount for members
 In the pipeline - but may be brought forward on request
Become a member