Setting Aside Binding Financial Agreements

Substantive Law

CPD Points 1.0

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 recent cases which illustrate the different grounds on which courts may set aside BFAs, providing practical examples for practitioners.

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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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