I am an accountant and my client has asked me to prepare a financial agreement as this is for the removal of names from

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Customer: I am an accountant and my client has asked me to prepare a financial agreement as this is for the removal of names from titles to properties and an application for nominal duty on the transfers. I am looking for assistance in what the Financial Agrement actually is and what needs to be included.
JA: What state are you in? It matters because laws vary by location.
Customer: Western Australia
JA: What steps have you taken so far?
Customer: None as I don't know what it is I am being asked to prepare
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The agreement has to address Sections 129 & 131 of the Duties Act of 2008 m(I'm presuming this is for WA) The title transfers are happening due to a breakdown in the marriage of my client. There are 2 houses involved one in Hillary's Perth and the other is in the town of Leeman. The house in Leeman will be solely in the name of her estranged husband and the Perth property will be in the name of my client
Answered by John Melis in 25 mins 1 year ago
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John Melis
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John Melis
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John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.
The financial agreement you are preparing is that to demonstrate who is bringing what to the rela

Customer
The marriage has broken down and the Financial Agreement is to facilitate the title transfers on 2 properties so that only nominal duty is paid.The agreement has to address Sections 129 & 131 of the Duties Act of 2008 in WA. I am trying to find out what the actual document is and what I need to be including
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John Melis, Expert

With the greatest respect to your current situation, the financial agreement is a specifically draft a document in accordance with the family law act, which needs to comply with certain clauses in accordance with the legislation. I would recommend that you engage a lawyer to have that document prepared so it is correctly drafted to ensure compliance with legislation. Where the document is not drafted correctly it could result in duties being payable between the parties at a later date.Respectfully, ***** ***** agreement requires two separate lawyers to sign off on the document, and also provide certificates of legal advice to the two separate clients in accordance with the legislation. The financial agreement is not a document that is just signed off between the parties. It does involve two independent lawyers to the matter.Does this help with your question today?
Customer
Thanks John. That is the conclusion I had come to as well from the reading I had done. I advised my client of this as well. Thanks again
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.
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