A Pre-Nuptial Agreement is an agreement drawn up before marriage and provides for, amongst other things, the division of property and other assets if the marriage at some point breaks down. Another term for a Pre-Nuptial Agreement is a Binding Financial Agreement. In Australia, the law makes provisions for Binding Financial Agreements, which may be drawn up before, during or after a marriage. You can refer to the section on our website labelled “Binding Financial Agreements” for further information.
A marriage is a joyful occasion where two people come together to celebrate their love for each other. Usually, one would expect that the last thing on a person’s mind at the time of marriage would be any possibility of divorce or separation. Nevertheless, marriage brings together two unrelated people and binds them in a relationship unlike any other, such that, it may be wise to prepare an agreement outlining the assets that each individual brings into the relationship and provides a mechanism by which division of such assets may be made in the event of a break down. Under the Family Law Act 1975 (Cth), it is also possible to prepare an agreement during the marriage. Pre-Nuptial Agreements are also available for de facto couples.
Our Family Lawyers have acted across a broad suite of property matters arising from a relationship breakdown, from minor to complicated marital estates, and property pools. Our legal team does not draft or provide advice upon pre-nuptial agreements, and only provides legal advice for the same upon a relationship breakdown. Please refer to our Fixed Fee Offers. Pre-nuptial Agreements or Binding Financial Agreements are contentious documents which may be set aside in circumstances where there is a significant change in financial circumstances between the parties over the course of the relationship. Upon a relationship breakdown, the financial positions of each partner may have significantly changed such that implementing the terms of the Binding Financial Agreement would be unjust and inequitable according to the Family Law Act 1975. The Family Court retains discretion to set aside a Binding Financial Agreement if it is unjust and inequitable to the respective parties property rights.
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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a Family matter, you should make an appointment to see one of our Lawyers in one of the following locations:
- Sydney