1 Comments Family & de facto law, financial agreements, consent orders
There are no guarantees that it will be signed off and there's a few reasons for that. There are certain things that are expected in doing a BFA. You will be asked to supply a list of your assets and this has to be complete, full disclosure is mandatory and expected by the court if this should ever go that far. The division of assets must be fair and equittable and if it is not, where one person has substantially less than the other in the case of a separation, it is unlikely that a solicitor will sign off on the BFA. If there are signs of coercion, in one party coercing the other to sign the BFA under threat, that also will be grounds for a solicitor to not sign off on the BFA. If either party, at a later date, decides that the BFA is unfair, for whatever reason, and then takes it to court to have the BFA reversed, any of these reasons can be used successfully in court to have that done. In doing so, the solicitors that signed off on the BFA would be required to attend court and would be asked why they signed off on something that wasn't right. As a result of knowing this, solicitors are very careful on what they sign off on and they will follow the expectations of the law so that their reputation is clear. If none of these reasons apply to you, then it is very likely that the solicitor will sign off on the BFA. The solicitor will discuss all of this with you when you speak with them and get your legal advice. If there are any issues with the draft BFA, they will explain what they are and give you both a chance to change the draft, so that you can move forward with it. As for signing off in a timely manner, that is dependent on a number of points. How quick you get your relevant information to Aussie Legal, whether or not you both agree fully on the BFA (as this is mandatory for the completion of a BFA) and how many re-drafts you require as a result of disagreeing between the both of you and how quickly you have your signature witnessed by a JP. There is also the point of the solicitors workload at the time, although this is usually a minor point. Every party, Aussie Legal, the two solicitors and yourselves, play a part in a BFA being completed in a relatively short period of time.