Types of assets you can protect with a BFA

Going through a separation or divorce can be an emotionally challenging time, and it often involves important financial considerations. It is crucial to protect your assets and financial resources during this period to ensure a fair and equitable division of property. One effective way to achieve this is by entering into a Binding Financial Agreement (BFA).

A Binding Financial Agreement, also known as a BFA or a prenuptial agreement, is a legally binding document that outlines how a couple's assets and financial resources will be divided in the event of separation or divorce. It allows individuals to make financial arrangements and decisions outside of the court system, providing them with more control over their future.In this blog post, we will explore the types of assets that can be protected through a BFA, why parties should consider entering into a BFA to safeguard thier assets.

Key Takeaways

A BFA can include clauses reflecting treatment for assets such as real estate, debts, investment property, spousal and child maintenance, superannuation, shares and etc.
Resolving your financial disputes through a BFA can save both your time and money.
By entering into a BFA, parties will have the discretion to decide the treatment for each individual type of property involved.
If one party challenges that the BFA was unfair or entered into under duress or undue influence, the court can overturn it.

Why enter into a BFA?

Entering into a BFA can offer several advantages for individuals who are navigating through separation. Firstly, it provides certainty and peace of mind by establishing clear guidelines for the division of assets. This can help reduce conflict and uncertainty during what is already a challenging time.

Secondly, a BFA allows couples to preserve their autonomy and make decisions about their own financial future, rather than leaving those decisions in the hands of a judge. It enables couples to tailor their agreement to their specific needs and circumstances, providing a more personalized approach to asset division.

A BFA can help protect your business assets and financial resources. If you own a business or have significant financial interests, a BFA can safeguard these assets and ensure that they are not unduly affected by the separation or divorce process.

Types of assets covered under a BFA

A BFA can cover various types of assets and financial resources. These include, but are not limited to:

Property

One of the most significant assets individuals may possess is real estate. Whether it's a family home, investment properties, or vacant land, BFAs can address the division of these properties in case of a separation. The agreement can specify how the property will be divided, whether it will be sold, or if one party will buy out the other's interest. This provision helps protect each party's financial investment and reduces the potential for disputes during a separation.

Financial Accounts and Investments

Financial assets encompass a wide range of items, such as bank accounts, stocks, bonds, mutual funds, and retirement savings, investments, shares, and other financial assets. The agreement can address how these assets will be divided, ensuring a fair distribution.

Business Assets

If you or your partner own a business, a BFA can safeguard the business assets and outline how they will be dealt with in the event of separation. This can help protect the value of the business and provide stability during a challenging time.

Debts and liabilities

A BFA can also address how debts and liabilities will be divided between the parties. This can include mortgages, credit card debts, loans, and other financial obligations. By specifying the responsibility for these debts, couples can protect themselves from potential financial burdens during a separation.

Inheritances and Gifts

A BFA can address how inheritances or gifts received during the relationship will be treated upon separation. It can ensure that these assets are protected and not subject to division.

Future assets and windfalls

A BFA can also include provisions for future assets and windfalls, such as potential inheritances, lottery winnings, or other unexpected financial gains. It can outline how these assets will be treated and whether they will be considered shared property or separate property.

Superannuation

Superannuation, or retirement savings, can also be included in a BFA. The agreement can outline how the superannuation benefits will be divided between the parties, ensuring a fair distribution.

Personal Belongings

While personal belongings may not hold significant financial value, they can still have sentimental value. A BFA can specify how personal belongings, such as jewelry, artwork, furniture, and vehicles, will be divided or retained by each party.

A Binding Financial Agreement offers individuals the opportunity to protect their assets and financial interests in the event of a separation or divorce. By comprehensively addressing various types of assets, such as real estate, financial assets, business interests, personal property, and inheritances or gifts, BFAs can provide clarity and certainty regarding the division of property. When entering into a BFA, it is crucial to consult with legal professionals who specialize in family law to ensure that all relevant assets are appropriately covered and that the agreement complies with applicable legal requirements.