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Binding Financial Agreement vs Consent Orders?

Consent Orders are filed with the Court and are therefore enforced by the Court.
A BFA is only enforceable where both of you have received independent legal advice.

Therefore, both parties must be represented in order to enter into a Binding Financial Agreement.
Consent Orders do not preclude the later making of a spousal maintenance application. In determining what is just and equitable, a court will consider the future financial needs of the parties, and cannot make a spousal maintenance order which is final. However, spousal maintenance can be finalised under a BFA.

What to know what happens to property when people separate? Click here to find out more.

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