BFA's for Asset Protection?
More Than Financial Separation
Family Law Sucess
BFA's for Essential Financial Protection
Innovative Uses and Strategies for Asset & Business Protection
Post or pre-nups can simply be a financial separation tool, post a relationship inception or breakdown. Or you can insurance, they are not activated until triggered- on relationship breakdown, or sometimes the death of a partner.
There are other mostly overlooked important planning benefits and strategies, for situations such as:
- Blended families and separations
- Your will and estate planning
- Business failures, creditors and bankruptcy
Goldman Law: Proudly Awarded & Recognised*
“Best Family Law Firm” Award ( 2023).
“International Advisory Experts” Award (2020).
“Family Law Firm Of The Year” Award (2017)
Connect with Our "Family Law"
Expert Senior Lawyers
Mr. Jaswinder (Jas) Sekhon
Jaswinder strives to simplify and demystify complex legal matters, to explain them logically and without “jargon”. He resolves and commits to the best possible commercial outcomes for his clients.
Ms. Helena Jane Duckham
Helena Duckham graduated her law degree with honours. She has a Master of Law in applied family law, including binding financial agreements, and a Graduate Diploma in Family Dispute Resolution.
Ms. Zeinab Elzein
Zee is an experienced family lawyer. Her experience ranges from complex property settlement litigation matters to contested children matters, including relocation matters.
We Work With Your Financial Advisers
Tailored Asset Protection Startegies
Normally outside the expertise of most family lawyers.
Asset protection must be considered when formulating your financial strategy. This is one of the benefits of engaging a holistic financial advisory process.
Goldman provide all the advice and implementation. Our clients are often planners that may only think about trusts , wills and powers of attorney.
With Goldman’s holistic focus on HNW individuals and family offices, we have over 30 years expertise in this area which extends to overseas jurisdictions and multinational operations.
Our Typical Clients in
Family Law Matters Include
Why are prenup expert lawyers different?
We have seen some lawyers offer prenup’s for $500? This is obviously based on an absolute misconception with no idea of what they are really doing.
There is a huge misunderstanding in our view about the value of a properly drafted and negotiated pre-nup or post-nup.
As specialists in financial and taxation matters, including trusts and cross-border arrangements, prenup’s RA special expertise in our firm.
We typically use prenup’s as part of an asset protection or wealth creation strategy for high net worth clients.
We prepare prenup’s for those individuals with assets usually exceeding $2 million and up to $100 million. Our expertise extends to assets held by family groups that may span different countries.
Public divorce may have media exposure which the difficult almost unthinkable.
Every step of the family law process is handled with sensitivity and finesse by our experienced legal teams.
We frequently provide end to end solutions from negotiating in mediation to simple divorce or complex parenting/contravention and financial matters.
For special individuals, we provide a complete end to end service and are a full-service law firm with specialist expertise.
The service levels provide unequalled for individuals and their business, legal or personal needs.
Marriages or legal action commenced in two or more jurisdictions or where assets are located abroad or are not disclosed.
We have experience in conflict of law situations and the location and valuation of business or assets located in difficult overseas jurisdictions.
With offices in Auckland, Dubai and London, outside Australia, international legal matters are our specialty.
Our firm is completely independent so we may work with any group in any country at any time and are not restricted unlike major firms which are almost always operate country by country entities.
Our key is a deep understanding of the various jurisdictions across the world where we work and of strong contacts in all other jurisdictions where our clients may operate.
Other Lawyers May not Draft BFA's?
Goldman Law has a depth of experience in commercial taxation and finance aspects for clients
We are unique in adapting and drafting BFA’s as strategic use and holistic planning for high net worth and successful individuals
The BFA is an essential part of any marriage as our enduring powers of attorney for elderly persons, or a will, in our opinion.
Experience & Trust
With deep local and international expertise for over 30 years.
Growing and protecting successful individuals, family offices and business.
Built through sheer hard work
BFA and FAQ's
A prenuptial, a premarital agreement, prenup, pre-nup or post-nup is a contract recognised in Australia by the Family Law Act 1975 that you and your partner enter into.
Whether it is a marriage or a de facto relationship, binding financial agreements can be made before, during or after the relationship.
Its an act of kindness and love that you plan for the worst. You only activate the pre nup if you do break up and it minimises emotional and legal costs in the future.
Pre-nuptial agreements are the most common, as the name suggests, this document is drawn up before a couple is married. This document takes into account the couple’s individual assets and incomes. It then gives guidance on how to divide the assets in case of a divorce. It also takes into account any potential or future increases in one party’s assets or income. This is especially helpful for protecting a spouse’s retirement income.
Firstly, two different roles.
- One lawyer drafts the BFA= More Expensive
- The other lawyer reviews or amends the BFA= Less Expensive
How much to draft?
To draft and certify a BFA (more work than to review) should be typically be around $2,000 to $4,000+ plus GST. The final cost will depend on the number of amendments that are made with the your partner’s lawyer. If it is a simple BFA and pre-agreed in principle, the costs are typically within the range of the estimates above.
How much to review?
Typically, based on time cost and amendments proposed.
From $500 to $2,000 + GST depending on complexity
Why The Price Differences?
Most family lawyers struggle with financial matters in fact most lawyers struggle with financial matters unless they have specialised in this area.
Why Do You (Goldman Law) Charge More?
We draft the BFA specifically to your needs and consider all the options that may be relevant in the future. For example future liabilities? How are they to be dealt with was to mark most clauses we have seen BFA’s do not addict cover this area and this leads to parties going to court having disputes. Why bother with ineffective BFA in the first place.
The BFA can have taxation, business and estate planning impacts? Look at our checklist? Most family lawyers would have no idea about trusts or estate planning let alone taxation or asset protection.
No. Its Not Cheaper. We Draft Specific BFA’s To Fit Your Needs. Please don’t waste your money.
Call us and we can send you a template then we reduce our fees if you complete it all!
Yes. You cannot both use the same lawyer because the essence of the BFA is that each party is independently advised. You should not even suggest or put pressure on your spouse to use another lawyer that you know. Can be a ground for a challenge and in fact we have and run many court cases with this has been a factor in challenging a BFA.
The BFA is restricted to financial matters between the spouses and no other parties.
Child Support & Other Factors
- When entering a binding financial agreement, it is important to consider all future possibilities. This includes children. Even if you are not sure whether you and your partner want children, it is important to include details regarding child support and maintenance.
- If you do have children in the future, and this wasn’t mentioned in the prenuptial agreement, then any understanding is not legally binding.
- Under Section 90A of The Family Law Act (1975), prenuptial agreements can only provide for child support if the child has been born and can be named. The exact amount of maintenance will need to be included in the agreement.
- Keep in mind that the terms of the prenuptial marriage contract can be overridden by the Court if it is deemed to not be in the best interest of the child.
Wills Contemplating Marriage/De-Facto?
- Lastly, there are other matters that need consideration before marriage.
- A will that is made before marriage is usually revoked when the marriage occurs, unless the Will is made in contemplation of marriage.
- It is also important to look at the way in which an asset is legally owned so as to meet all your needs after death such as testamentary and inter vivos trusts, gifts and binding death nominations of certain insurances and funds.
Prenuptial Checklist - What it Can Cover!
- You don’t want the division of your property and assets decided by the courts
- You want to avoid the emotional turmoil of a divorce
- You want to keep pre-marital assets separate
- A safeguard and financial protection for both parties
- The other party has debt that you are concerned by
- One party owns a business
- One party is from a wealthy family and wants to protect a potential inheritance
- Parties who already have children from a previous relationship
- Spousal support
- Real estate
- Superannuation & pension entitlements
- Joint investments
- Joint businesses
- All future aspects such as children and future asset purchases
- Typically family lawyers are not lawyers that are at all versed in commercial, tax, finance or asset protection to name a few areas. Goldman lawyers specialise in all those financial aspects and have done is over 30 years.
- Typically, most lawyers do not know how to draft standard precedents for BFA is and then don’t know how to tailor them.
- Typically, most lawyers don’t also understand the certificate that they have to provide to the client.
- And finally, typically most cannot justify expensive charges for learning things they do not know and can’t sleep at nights of the risks that they have borne for very little money.
- Typically most lawyers will tell you – let’s go to court do consent orders. Then the pressure is off the lawyer.
- We can do the same however there are very important differences between the BFA and consent orders.
- That’s why we make no apologies for charging more! But doing the BFA is absolutely correctly and properly and making them part of a holistic plan for our clients is what we do!
The BFA is a remarkable instrument that allows to parties to agree whatever they wish to agree. This is subject to the essential criterion that the other party was not forced, there was no duress, and the other party had time to obtain appropriate legal advice and understood it.
Subject to those restrictions the two parties may agree whatever they like! If Jeff Bezos had entered into a valid BFA that he could have paid for example $1 billion instead of $50 billion to his spouse.
Typically, wealthy and successful individuals or people that have multiple marriages are blended families need to pay the money to get a proper BFA so they can take advantage of agreeing with their spouse whatever they wish to agree.
This does not happen when you go to court and does not happen with consent orders. These orders are made in accordance with what is fair and equitable and an ill founded view of how to split assets within the family legal system which is not built nor designed and its core to understand financial matters. Why would you take that risk?
For example, many studies have shown that women overwhelmingly contribute more in terms of their home as non-financial contributions. The ratio is somewhere between 70% for women and 30% for men? This is never properly quantified if you go to court. Whilst the principles are there that you look at non-financial and financial contributions if you go to court, the quantification methodology is simply not there!
Why risk handling family law matters with family lawyers and a family legal system that has no real idea about financial matters?