Setting Aside Binding Financial Agreements

Substantive Law

CPD Points 1

Rating:
5.0/5

Understanding the grounds on which courts will set aside binding financial agreements means lawyers can better advise clients entering into BFAs, and successfully apply to set a BFA aside if necessary.

Advising on binding financial agreements (BFAs) has become increasingly stressful for lawyers. This is partly due to the complex requirements of BFAs but also the increasing number of cases in which BFAs have been successfully set aside. Despite this, BFAs remain an important tool for managing assets in the event of a separation.

Understanding the grounds on which the courts will be prepared to set aside binding financial agreements equips lawyers to better advise clients entering into BFAs to ensure these are binding. It can also equip lawyers to successfully apply to set aside BFAs.

This course focuses on how to successfully set aside BFAs. It covers the following topics:

  • an overview of the process for setting aside binding financial agreements;
  • detailed examination of the grounds on which courts may set aside a BFA;
  • tips and strategies for drafting a successful application to set aside a BFA.

The course discusses a number of cases which illustrate the different grounds on which courts may set aside BFAs, providing practical examples for practitioners.

This course has been updated to reflect the changes to the legislation, rules and practice directions effected on 1 September 2021 when the Federal Circuit and Family Courts merged to form the Federal Circuit and Family Court of Australia. This update includes related changes made to the rules and practice directions for the Family Court of Western Australia.

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Last Updated: September 2021

Author Profile

LawCPD author: Grace Lawson

Grace Lawson

Grace Lawson practices as a Barrister in Queensland. Her practice includes family law, personal injury law, and employment law.

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  1. 5.0/5
    Very thorough and useful course!
    I actually found this very thorough but smooth to work through. Very useful! In addition, the website is easy to use and the workspace is easy to navigate through.