Agreement for a de facto Couple that Intends to Marry

This is a combined agreement for couples who are living together and intend to get married. It is made under two sections of the Family Law Act / Family Court Act. This is a new type of agreement that has become possible due to a recent court case – see the history here.

A financial agreement is used when a couple wants to control the distribution of assets in the event of a separation instead of leaving it up to the courts.

You can make a financial agreement that deals with all financial matters or you can choose to deal with a single asset like a home, business or inheritance.

A financial gives you peace of mind that your assets are protected. It allows you to stipulate and quarantine particular assets or financial resources from claim should the relationship break down.

By “isolating” those assets, each party is able to leave the relationship, should the need arise, with the property they brought in. Putting your agreement in writing puts a stop to the niggling doubts and “what if?” questions.

Combined De facto Prenup Kits only $ – Choose your state

Buy Combined Agreement for all States except WA
Buy WA Combined De facto Agreement

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.

There are 2 parts to making a financial Agreement

the written agreement ($ for the kit)
The Required Legal Advice (usually $)

We can show you how to complete your agreement and get the legal advice for both parties – without stress, fuss or engaging combative lawyers.

About the Required Legal Advice

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.

Which State do you live in?

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.

Therefore…

If you are in a state outside of 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.

If you are in a state in West Australia

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.

Easy to Use Kit available for immediate download

Combined Prenup Defacto Kit

This Combined de facto agreement kit allows you to complete a defacto financial agreement with a minimum of fuss. It includes;

The Combined Defacto Prenup Agreement template – written in plain English
A Comprehensive User’s Guide which answers your questions
Sample agreement – so you know what the completed agreement should look like
Sample clauses – help you to tailor the document to your own situation – just cut and paste!
A Bonus Will kit because you often need to update your Will after separation.
Access to the Exclusive Members area which takes you through the process step-by-step
Complimentary Financial Agreement Assessment – we check your draft agreement to ensure it’s ready for the lawyers and the mandatory Legal Advice. This is how we save you thousands of dollars in legal fees.
Access to fixed price Legal Advice so you can get your agreement certified without spending a fortune.