How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43511
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
12124641
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

I am about to sign a BFA, on which my ex partner and I agree

Customer Question

Hello, I am about to sign a BFA, on which my ex partner and I agree on our settlement. We downloaded a BFA from the web and basically I would pay him X amount of money and neither of us " shall make no claim whatsoever on each others financial position or any other assets that he has now or may hold in the future". We would get our signatures witnessed. We understand that the Family law act 1976 SECT 90G says that we both need to get legal advice. Does it mean that if we don't, then this agreement is not valid and is a 'waste of paper'? Thank you
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: ACT, no, he has moved out of my home and contributed to the renovation. I am paying him X amount of money in recognition of his contribution and he has moved all his belonging out.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not really, I don't think, just to find out whether he can come back and bite me in spite of signing this document. He had lived in my home for 2 and a half years but received significant rent for his home whilst he lived with me.
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 2 months ago.

Good Afternoon

If you do not each have your own solicitor it is not worth the paper it is written on.

I would suggest you file Consent orders with the court this will be binding. But a BFA requires a solicitor to sign an independent certificate and if there is any error they can be overturned.

Signing it as it is without the legal advise is a waste of time and effort.

I ope this makes sense and is of assistance. If there is nothing further Happy new year and

Thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 2 months ago.
we cannot even file it with the court unless we both get legal advice, is this correct?
Expert:  Leon replied 2 months ago.

You do not file BFA's with the court. Consent orders you file with the court.

Here is the DIY kit

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/diy-kits/kit-diy-application-consent-orders

You need to have them signed in front of a JP.

Then link has other links explains and giving you examples of the draft orders.

This is the best option.

Customer: replied 2 months ago.
should we fill out the consent orders rather than BFA? Is one more 'valid' than the other without seeking legal advice?
Customer: replied 2 months ago.
thank you
Expert:  Leon replied 2 months ago.

Good Evening.

Yes do consent orders not BFA

Both are valid but the consent orders are ratified by the court.

Expert:  Leon replied 2 months ago.

You should obtain legal advise on both but if you decide not to with court orders the court will make them if they accept it is fair and equitable