Rectification of a Binding Financial Agreement: Ensuring Fairness in Family Law 🤝⚖️
Binding Financial Agreements (BFAs) play a crucial role in family law, outlining financial arrangements between parties. But what happens when the written... more Rectification of a Binding Financial Agreement: Ensuring Fairness in Family Law 🤝⚖️
Binding Financial Agreements (BFAs) play a crucial role in family law, outlining financial arrangements between parties. But what happens when the written document doesn’t reflect the true agreement? That’s where rectification comes in! ✍️🔍
Rectification is a legal remedy that corrects mistakes in a Binding Financial Agreement to ensure it accurately represents the parties’ intentions. This equitable remedy is only granted in specific circumstances, requiring clear and convincing proof of:
A common intention between the parties at the time of execution. A mistake in the written agreement that fails to express that intention. The need to align the legal document with what was originally agreed.