Family Law -
Pre-nuptial and other Financial Agreements

Parties who agree on issues of property division and spousal maintenance in the event of a separation can formalise this agreement by entering into a Binding Financial Agreement.

These agreements are commonly referred to as ‘pre-nups’ as sometimes they are entered into before a couple gets married, however Financial Agreements can be entered into during a relationship or after a relationship has broken down. These types of agreements are also considered by people who have been in unsuccessful relationships before, who have significant wealth prior to entering into a marriage or de facto relationship, or for those who simply want some certainty and wish to avoid Court in determining the division of assets if a relationship does not work out.

A Financial Agreement can be entered into between parties to a marriage or a de facto relationship either, before, during or after the relationship. A Financial Agreement is a very complicated documents and in order for it to be binding, the agreement must satisfy a number of criteria.

Agreements that comply with the relevant criteria may prevent the courts from making property and maintenance orders under the Family Law Act. That is, the Court is prevented from making any orders in relation to the division of property that is dealt with by a Financial Agreement.

We can prepare a Financial Agreement for you at a fixed cost. Please contact us to obtain a quote for the preparation of a Financial Agreement.

Alternatively, we can provide you with the necessary legal advice in relation to a Financial Agreement you have received from your partner. We will ensure that you understand the effect of the agreement on you.