Achieving a Positive Outcome Through a Tailored Binding Financial Agreement

At Conditsis Lawyers, we take pride in our commitment to our clients’ success. One recent case exemplifies this dedication. Our client, Sarah Smith*, approached us seeking a binding financial agreement after separating from her long-term de facto partner while still living in the same home. The emotional complexity of their circumstances added to the difficulty of reaching a fair property settlement.

Understanding her desire for a binding financial agreement, Senior Associate Ms Holly Pitt of our office, provided Sarah with detailed advice on the pros and cons. Ms Pitt wanted to ensure that Sarah could have a full view of her legal options, understand the advantages and disadvantages of any proposed agreement and fully understand the circumstances in which an agreement of this kind, could be set aside by the Court in the future. With our support as to her wishes, Sarah and her former partner engaged in open discussions, ultimately leading to a mutually beneficial resolution.

We facilitated the agreement she wanted, ensuring that it acknowledged both parties’ contributions and needs. Listening to Sarah’s desires and wants her, while balancing the need to give her complete legal advice, allowed Sarah and her partner to tailor their settlement to fit their unique situation, providing a customised solution that a court ruling might not offer. Additionally, the confidentiality of the BFA protected both parties’ privacy during this sensitive time, while the legally binding nature of the agreement provided certainty and reduced the likelihood of future disputes if they were to go ahead with their proposed division of assets without such an agreement in place.

Ultimately, Sarah viewed this outcome as a win. The resolution not only facilitated a smooth transition to her new life but also empowered her with a clear understanding of her future. We are proud to have played a role in helping Sarah navigate this pivotal moment with confidence and clarity.

*NB: the name Sarah has been used a pseudonym to protect the identity of our client.

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