We can help you create an agreement that reflects your intentions.
For those intending to marry, or intending to enter a de facto relationship, we can give you advice on how a pre-marital agreement or pre-cohabitation agreement (formally known as a “binding financial agreement”) may protect you from financial loss in the event of your marriage or relationship not lasting.
If you enter a marriage with your own assets, it usually makes sense to make a prenuptial agreement. Those approaching a second marriage may have a particular need to enter a prenuptial agreement in order to preserve assets for children from an earlier marriage.
There is a small charge for drafting a prenuptial agreement, in relation to the value of most assets protected by such agreements.
It is possible to enter a binding financial agreement before marriage, during marriage and even after divorce.
Binding financial agreements are enforceable by the Family Court of Australia.
There are certain specified safeguards which the couple must adopt in order for the courts to uphold the agreement. One of the most important of these is that they should each have received independent legal advice before they entered into that agreement.
If you would like advice or further information about prenuptial agreements please contact our specialist team of Family Lawyers.