A prenup agreement is an alternative to court action. It is a method for the parties to negotiate a settlement of their family issues in the event of future separation. This means that, at least insofar as they concern money and spousal maintenance issues, the couple have resolved those questions in advance without needing the court to impose a solution.
Financial agreements can reassure and comfort people entering marriage. They are recognised and enforceable under Section 90B of the Family Law Act 1975 (cth) and can save you time, money and heartache.
Couples marrying later in life or for the second or third time often need to consider more complicated issues such as the provision for children, the protection of assets and the protection of inheritances.
IMPORTANT! – it is inadvisable to enter a prenup agreement within four weeks of your wedding. You won’t find this warning anywhere in the Act, it’s just something our lawyers believe could go to proving undue influence.
If you are running out of time and cannot formalise the prenup before the big day, then you can always make a postnuptial agreement after the wedding, which will work just as effectively as a prenup.
Important note : Section 90G of the Family Law Act requires that each party to the agreement receive independent legal advice before the agreement has any legal force. Our affordable Legal Review Package provides you and your partner with professional legal advice to ensure your agreement is binding
This Pre Nuptial Financial Agreement has been drafted to comply with s90B of the Family Law Act 1975 for couples intending to be married.
The Kit includes:
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