Here are a couple of common questions on changing financial agreements.
Answer: Yes, but it must be completely fresh and with new certificates of advice … and of course agreed to by your partner. It is under a different section of the Act, 90C instead of 90B.
Answer: Yes, but it must be completely fresh and with new certificates of advice… and of course agreed to by your partner.
Yes. If you haven’t yet finalised/signed your Financial Agreement, you will need to have a solicitor review your updated Agreement and provide you with current advice and a statement confirming they have provided you with the advice, before you sign it as your original advice will be obsolete.
If you have already finalised/signed your Financial Agreement, any changes must take the form of a completely new Financial Agreement. The new Agreement must contain a clause terminating the old one and will set out the new terms and conditions. You will also need to follow all the procedures for creating a valid Financial Agreement, however small the changes may be. This means that you will both need to receive independent legal advice pertaining to your new Agreement before signing it, and follow all other procedures consistent with creating a new Financial Agreement.