Home Fixed Fees Fixed Fee for Binding Financial Agreement Certificate

Fixed Fees for Binding Financial Agreement Certificate

We can provide a Certificate of Independent Legal Advice for a Binding Financial Agreement which is agreed after separation (N.B. This does not include Pre-Nups).
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This fixed fee is to provide a Certificate of Independent Legal Advice for a Binding Financial Agreement (BFA) after separation where the BFA has already been drafted by the other party’s solicitor.

This fixed fee does not include the provision of a Certificate of Independent Legal Advice for a pre-nuptial BFA or a Binding Child Support Agreement.

Please note that we do not provide a fixed fee service where we are required to draft the BFA or a Binding Child Support Agreement.

What is a Binding Financial Agreement after separation?

A Binding Financial Agreement is a private contract that formally documents the division of property, superannuation, other assets and liabilities, or child support arrangements.

Why do I need a Certificate of Independent Legal Advice?

Each party must have an independent Lawyer provide them with advice regarding the terms of the BFA and to sign a Certificate of Independent Legal Advice that they have given this advice.

This is a requirement in order for the BFA to be valid, binding and enforceable by a Court. Therefore, each party will need their own independent Lawyer to provide them with independent legal advice, as well as to sign the necessary Certificate confirming that they have been given this legal advice.

Our Fixed Fee includes the following:

Attending to financial disclosure including obtaining your financial documents and providing them to the other party, and obtaining and reviewing the other party’s financial documents
Advising you of the effect of the Binding Financial Agreement on your rights, and and the advantages and disadvantages of entering onto a BFA and execution of a Certificate of Independent Legal Advice
Arranging for execution and finalisation of the Binding Financial Agreement
File Management Fee
Total (GST incl)                                                                 $2,400.00

Our Fixed Fee does not include the following:

Smart Start Appointment Fee
Your Smart Start appointment fee is $350.00 (GST incl) for up to a 90 minute appointment.

Please note that the Solicitor assisting you in your Smart Start Appointment will advise you as to whether our Fixed Fee services are appropriate for your case.
Other charges from external providers
Other amounts required to be paid to other service providers. You will be advised of any such amounts with as much notice as reasonably practicable.
Additional scope of work
  • Where there is any change to the terms of the agreement initiated by you and/or the other party which is different to the initial instructions provided by you in your Initial Appointment. In this case, we shall provide you with a Legal Services Agreement detailing an estimate of the likely cost of the work required to negotiate the terms.
  • Where the property subject to division under the Family Law Act 1975 (Cth) includes any of the following:
    • A business interest
    • 2 or more investment properties
    • An unlisted shareholding
    • Corporate appointment(s) or resignation(s)
    • A family trust
    • A defined-benefit superannuation interest
    • A self-managed superannuation fund
  • The implementation of the terms of the Binding Financial Agreement including transfer of property, discharge of mortgage/refinance, provision of documentation to the Trustee of a superannuation fund to effect a superannuation split.

Specialist Family Lawyers for Sydney and Newcastle

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Make a Smart Start 1300 760 773