Prenuptial and Binding Financial Agreements

Marriage breakdown or separation from a long term de facto partner is stressful enough. Disagreements over financial matters add to the stress and difficulty. One way to minimise that risk of disagreement is by having a Binding Financial Agreement.

Pre-Nuptial Agreement (or prenup) is the term often used to describe a Binding Financial Agreement that can be made before a marriage or a de facto relationship. A Financial Agreement can be made before or during the marriage or de facto relationship, or after a relationship breakdown. A Financial Agreement can set out what will happen to your property, liabilities, superannuation and financial resources if and when you and your partner separate.

There are strict rules to be followed in the preparation of these agreements. There have been a number of recent cases in which these agreements have either been declared non-binding or set aside by a court, and it is important that you receive advice on the agreement from a skilled and experienced family law practitioner.

We specialise in the preparation of the Financial Agreement in all forms and can prepare an agreement that meets your specific needs and meets the strict rules so that it provides the maximum protection for you against future claims.

Please contact us to obtain detailed advice.