Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the parties have already separated or divorced and now want to formalise their financial settlement as a Binding Financial Agreement instead of going through the court's consent orders process. This can happen years or even decades after a separation or divorce - there is no time limit on entering into a BFA. However, there is a critical trap: if the BFA is later set aside by a court, strict litigation limitation periods immediately apply to file for contested property orders. This fork highlights that limitation trap and ensures clients receive specific advice about the consequences if the agreement unravels. Verify current guidelines on the official Australia Government Portal. Access services via the .
Jurisdiction: Federal - governed by section 90D (post-divorce) or section 90UD (post-de facto breakdown) of the Family Law Act 1975 (Cth). No court filing required. A Separation Declaration must also be executed where superannuation splitting provisions are included. Verify current guidelines on the official Australia Government Portal.
The Process at a Glance: Confirm the precise timing of the divorce absolute or de facto separation. Check whether the litigation limitation period has already expired - if it has, and the BFA is later set aside, the client will have no fallback property claim at all. Advise the client specifically about this risk in the Letter of Advice. Draft the BFA under the correct post-event section (90D or 90UD) and execute the Separation Declaration alongside the deed. Proceed through the standard execution, safe custody, and implementation stages. Verify current guidelines on the official Australia Government Portal. Access services via the Federal Register of Legislation.
Key Legislation and Case Law: Family Law Act 1975 (Cth) s 90D (post-divorce BFA), s 90UD (post-de facto breakdown BFA), s 90G(1) and s 90UJ(1) (binding requirements), s 90DA and s 90UF (Separation Declaration), s 90K(1) and s 90UM(1) (grounds to set aside - if set aside, litigation limitation periods apply immediately), s 44(3) (12-month limitation from divorce absolute for married property claims), s 44(5) (2-year limitation from de facto separation), s 44(4) and s 44(6) (leave to file out of time - hardship test applies). If the limitation period has already expired when the BFA is set aside, the court has no jurisdiction to make property orders without a successful leave application: [Edmunds v Edmunds] and [Griffin v Turner (No 2)]. No limitation period applies to entering the BFA itself - only to the fallback litigation if the BFA is set aside. Verify current guidelines on the official Australia Government Portal.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Binding Financial Agreement - Drafting and Execution - Post-Separation or Post-Divorce Agreement - Limitation Trap Awareness matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Family Law cases, outlining the standard Transactional Drafting process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
s 44(3) FLA - 12-month limitation from divorce absolute for married property claims. s 44(5) FLA - 2-year limitation from de facto separation. s 44(4) and s 44(6) - leave to file out of time requires hardship. Edmunds v Edmunds - prima facie case and hardship are both required. Griffin v Turner (No 2) - the court weighs hardship against prejudice to the respondent. If both the BFA is set aside AND the limitation period has expired, the applicant is in a very difficult position with no guaranteed right to litigate.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.