Spouse maintenance waivers in BFAs
Spouse maintenance relates to maintenance for a former spouse or de facto partner should the relationship break down. For a spouse maintenance claim to be successful, one party must show:
- They have a need for the maintenance; and
- The other party has a capacity to pay the maintenance.
It may be in the form of periodic payments or a lump sum. You and your spouse can agree to waive your legal right to make a claim for maintenance from the other person in the future.
This can be captured in a BFA and provides protection against future maintenance claims being made.
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Don't hesitate and regret it later! Remember your Binding Financial Agreement or pre nuptial agreement is a document that is negotiated and agreed between you and partner before you both sign it. That way both parties have a say about the content of the Agreement and the end result, and there are no hidden surprises.
It is a fair way to protect the assets and wealth you both bring to the relationship and to document what happens if ever you break up in the future.
Fidan is a family lawyer with a difference
Family Law Accredited Specialist
Specialist accreditation is held by less than 6% of the profession in NSW
Fidan went on national television to talk about her own Financial Agreement and genuine belief that all things are not equal in family law. Fidan is a genuine divorce lawyer who is not shy to say what she really thinks about the importance of pre nups in a relationship. Based in Sydney NSW, Fidan can help you negotiate and draft a Financial Agreement of exceptional quality. What more can you ask for?
Fidan is a family lawyer with a difference
Family Law Accredited Specialist
Specialist accreditation is held by less than 6% of the profession in NSW
Fidan went on national television to talk about her own Financial Agreement and genuine belief that all things are not equal in family law. Fidan is a genuine divorce lawyer who is not shy to say what she really thinks about the importance of pre nups in a relationship. Based in Sydney NSW, Fidan can help you negotiate and draft a Financial Agreement of exceptional quality. What more can you ask for?