What is a Pre-Nuptual Agreement?

Pre-nuptial arrangements can also be documented by way of a Financial Agreement and can be entered into before or even during a marriage or de facto relationship.

For a Financial Agreement to be legally binding, both parties must each receive independent legal advice in relation to a list of matters specified in the Family Law Act.

It is important to allow adequate timing to see a lawyer before considering a ‘pre-nuptial’ Agreement given both parties must receive independent legal advice first.

When do Pre-Nuptual Agreements make sense?

Pre-Nuptual Agreements can be appropriate for both married and defacto couples. The agreements set out how property and asset will be divided in the event you break up.

Compeliling reasons a Pre-Nuptual Agreement might be advisable are:

• One party has more cash of assets than the other
• One of both parties have children from previous relationships
• One party is expected to inherit
• If you just want peace of mind as to how property and assets will be divided if your relationship dissolves.

If you have any queries regarding how we might assist you, please feel free to send us an email or call us on 03 9670 1188 to discuss your matter with one of our family law specialists.