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Who pays what, if mum and dad lent me money?

The Bank of Mum and Dad has become one of the largest lenders in Australia, particularly through guarantor loans for purchasing a property. In 2021, 60% of first-home buyers relied on their parents for financial help, with a total of $34 billion in loans towards first-time homes. However, parents need to ensure they are not putting themselves at risk, which is why a divorce settlement agreement should be in place.

To protect any money provided between family members, a written financial agreement is one of the safest ways. Financial agreements allow parties to regulate their financial relationship in the event of separation, giving them more control over financial decisions. Parents often require their children to enter into a financial agreement with their spouse before providing monies for a property purchase. Another option is to provide clear documentation of the money provided between the parties involved, which can be done through a written loan agreement that contains the necessary terms and conditions.

Do you have a divorce settlement agreement in place?

If a child divorces their partner, the settlement must consider the Bank of Mum and Dad loan to the pair. Courts will look for some formality in a loan agreement, including documentation, repayment plan, and any interest charged. It is essential to ensure the circumstances are well documented, seeking advice from licensed professionals and advisers before assisting children with a Bank of Mum and Dad loan. This area is complicated and can have potential complications.

In conclusion, with the rising interest rates, increased mortgages, and higher risks of defaulting on a loan, parents should ensure they protect their money and not put themselves at financial risk. A divorce settlement agreement should be in place to safeguard and protect monies provided to children during this time, and written financial agreements or loan agreements can be used to protect family loans. It is advisable to seek professional advice before providing financial help to children, especially with a Bank of Mum and Dad loan.

Create a divorce loan agreement with your lawyer today here