This type of legal arrangement is quite common, it takes care of the practical matters and is generally no more difficult than a Will to draft.
Under section 90G for married couples, or section 90UJ for de facto couples, parties to a financial agreement must receive independent legal advice before they execute their agreement. Independent meaning each party cannot use the same lawyer.
This is to ensure that the parties understand:
a) the advantages and disadvantages of making the agreement; and
b) what rights they give up, including the right to have a court decide on matters that are dealt with in the agreement.
So by getting proper legal advice, independent of the other party, the Act makes it near impossible to argue that you didn’t know what you were signing. The lawyers will also make inquiry that the parties are entering the agreement of their own free will and that neither is under pressure or duress to sign the agreement.
Our combined defacto prenup agreement kit deals with all the usual issues your clients you may face when dividing financial resources, such as ownership of real estate, personal property (cars, furniture, etc), superannuation entitlements, shares, debt, spousal maintenance etc.
Before you choose a Combined Financial Agreement you need to be aware of the legislation for different states.
If you are dealing with marriage the Family Law Act applies and it’s the same across all states.
The Family Law Act also applies to all defacto relationship in every states except West Australia.
The Family Court Act applies to defacto relationships in West Australia.
You will need an Combined Agreement drafted to comply with section 90UC and 90B of the Family law Act, where section 90UC deals with defacto relations and 90B deal with relationships before marriage.
You will need an Combined Agreement drafted to comply with section 205ZO of the Family Court Act and 90B of the Family law Act, where section 205ZO deals with defacto relations and 90B deal with relationships before marriage.
This Combined de facto agreement kit allows you to complete a defacto financial agreement with a minimum of fuss. It includes;
Drafted to comply with section 90UC and 90B of the Family law ActBuy WA Combined De facto Agreement
Drafted to comply with section 205ZO of the Family Court Act and 90B of the Family law Act