Pre-Nuptial and Relationship Agreements
These Agreements offer security by removing stress and uncertainty in the event of a future separation. This is about establishing financial security before commencing a relationship or during the course of a relationship.
These Agreements can deal with:-
Pre-existing assets;
Inheritances;
Gifts;
Financial arrangements during the relationship;
Financial support in the event of a separation; and
Division of assets in the event of a separation.
These Agreements act as a form of insurance and can provide significant certainty, security and peace of mind and prevent disputes from arising.
We can assist by advising you about the options and preparing and finalising an appropriate Agreement and reviewing Agreements prepared by other lawyers.
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Frequently Asked Questions
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They can be. In Australia these are called binding financial agreements, and they are binding where the requirements of the Family Law Act are met, including that each person receives independent legal advice before signing.
An agreement that does not meet those requirements can be set aside.
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A binding financial agreement is a private written agreement about how property, superannuation and financial support will be dealt with. Unlike consent orders, it is not filed with or approved by the court.
It can cover assets you bring into the relationship, inheritances, gifts, and how things would be divided if you separate.
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Yes. Each person must receive independent legal advice from their own lawyer before signing, and each lawyer provides a signed statement confirming that advice was given. Without it, the agreement may not be binding.
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Yes. Financial agreements are available to de facto couples as well as married and engaged couples, and can be made before, during or after a relationship.
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