Can Quillio help with binding financial agreements?
Yes. I draft and review binding financial agreements under Part VIIIA (married couples) and Part VIIIAB (de facto couples) of the Family Law Act 1975 (Cth). I check the statutory requirements for enforceability, flag common risk areas (independent legal advice certificates, material non-disclosure, unconscionability), and produce a structured advice memo for the client.
What a BFA review covers
I check each BFA against sections 90G and 90UJ of the Family Law Act 1975 (Cth), the independent legal advice certificate requirements, and the grounds on which a court may set aside a BFA under section 90K or 90UM. I read both the signed agreement and the ILA certificates, and I look for disclosure gaps in the property schedule.
What I draft
For new BFAs I draft pre-nuptial, post-nuptial, and separation agreements. Each draft includes a structured property schedule, standard severance and recitals, superannuation treatment, and an ILA certificate template for each party's lawyer. I do not sign the ILA certificate — that remains the independent lawyer's role.
What I am careful about
BFAs are high-risk documents — Thorne v Kennedy (2017) 263 CLR 85 remains the leading case on unconscionability. I flag any pressure, time, or disclosure issues I can see from the instructions, but I am not fully confident on subjective questions like "was the client under duress" — that needs the responsible lawyer to make the call.
Step-by-step
- Tell me the agreement type. Specify pre-nuptial, post-nuptial, or separation agreement, and whether the parties are married or de facto.
- Provide the property pool. Enter the assets, liabilities, and superannuation interests for each party. Include the source (who contributed it, when).
- Confirm ILA arrangements. Identify each party's independent lawyer. I produce the ILA certificate template for each.
- Review and finalise. I produce the draft BFA. You review it with the client, the other side reviews with their lawyer, and each lawyer signs their own ILA certificate.
Common issues
- Missing or late ILA certificates are the most common reason BFAs are set aside — I flag ILA timing issues
- Non-disclosure of assets is a ground for set-aside under section 90K(1)(a) — I prompt for complete disclosure
- Post-Thorne v Kennedy, significant power imbalance or rushed signing is a major risk area — I do not currently assess duress but I flag the pattern
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