Binding Financial Agreements: Significant delay in service poses risk to set aside

Case Note: Grant & Grant-Lovett [2010] FMCAFam 162

In this case, the husband did not receive a copy of the BFA after it was signed until some five or six years after separation.

After a BFA is signed, s 90G(1)(e) requires that the original agreement be given to one party and a copy be given to the other. This provision must be strictly complied with.

In this case, the Court found that the delay was unacceptable and that this section had not been strictly complied with.

This was in itself sufficient to set aside the Agreement.

Lesson

A copy of the BFA must be given to each party within time frame proximate to the last execution.

You can find out more about Binding Financial Agreements here.

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