Understanding Financial Agreements
May 2025 Edition
What is a Financial Agreement?
A Financial Agreement is a legally binding document made under the Family Law Act 1975 that sets out how a couple’s property, finances, and spousal maintenance will be dealt with in the event of a relationship breakdown.
Types of Financial Agreements:
Under the Act, different sections apply depending on the stage of the relationship:
- Before marriage - Section 90B - A pre-nuptial agreement made before a couple marries.
- During marriage - Section 90C - Made during the marriage (often updated or made after a 90B agreement).
- Before de facto relationship - Section 90UB – Made before a de facto relationship begins.
- During de facto relationship - Section 90UC - Made during a de facto relationship.
What Can a Financial Agreement Cover?
- Division of assets and liabilities
- Superannuation splitting
- Spousal maintenance
- Future financial arrangements
- Ownership of property and debts
Why Have a Financial Agreement?
- Clarity & Certainty - Protect your assets and agree on financial terms upfront to avoid disputes later.
- Avoid Litigation - A valid agreement can exclude the Family Court from intervening in financial matters after separation.
- Flexibility - Tailor the agreement to suit your specific needs and circumstances. Peace of Mind - Plan for the future with confidence, knowing that your financial affairs are sorted.
Key Requirements:
- Both parties must receive independent legal advice
- Agreement must be in writing and signed by both parties
- Complies with strict legal requirements under the Family Law Act 1975
Financial Agreements are complex documents. It’s essential to seek advice from a qualified family lawyer to ensure your agreement is valid and enforceable. Fixed fee service available. For more information, please contact us through
1300 245 299
or via email at info@cjmlawyers.com.au.
Disclaimer: This article is for general understanding and should not be used as a substitute for professional legal advice. Any reliance on the information is strictly at the user's risk, and there is no intention to create a lawyer-client relationship from this general communication.
