Ensuring that a BFA is compliant with social distancing requirements and is still binding

HHG Legal Group's Family Law Special Counsel, Ben Majoe and Executive Chairman Simon Creek provide clarity in relation to current binding financial arrangements and the coronavirus pandemic.

While it appears that Australia may soon emerge from the COVID-19 pandemic, the "new normal" will likely see continued "social distancing" requirements in place at the workplace.

Invariably, there are questions asked about the practical impact of such "social distancing" requirements on the signing and witnessing of Binding Financial Agreements ("BFAs") and whether the enforceability of BFAs is compromised in any way.

We think we have the answer based on our detailed review of the relevant legislation. There are essentially three separate sets of legislation regarding the enforceability of a BFA depending on the parties' factual circumstances at the time. They are as follows: