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Protect your assets with a prenuptial agreement
Our experienced family lawyers in Melbourne can provide legal advice around prenuptial agreements before, during, or after a relationship.
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What is a prenuptial agreement and do I need one?
A prenuptial agreement is a legal document created by a couple before they get married, outlining how their assets, debts, and other financial matters will be divided in the event of divorce or death. Its primary purpose is to establish the financial rights and responsibilities of each spouse and to protect individual assets brought into the marriage.
Prenups actually fall under binding financial agreements which can be entered into before marriage, during marriage, or after separation. These types of agreements set clear expectations and are common for people entering into a second marriage and blended family, or where one partner has significantly more assets than the other.
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Get your assets in order with our financial agreement services
With help from a qualified family lawyer, you can get legal advice about how best to protect your assets should you and your partner separate or divorce. We offer a range of binding financial agreement services depending on your needs and what stage of the relationship you’re in.
Prenuptial agreements
A prenuptial agreement is entered into before marriage and outlines how the couples’ financial matters will be handled in the event of a relationship breakdown.
Post-nuptial agreement
This is similar to a prenuptial agreement but entered into after the marriage or civil partnership has already taken place.
De facto financial & termination agreements
These agreements are applicable to unmarried couples living together and address financial matters and asset division during the relationship or following a separation.
Separation & divorce agreements
These agreements are created after the parties have separated or divorced, outlining financial arrangements and other relevant matters.
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Get started by discussing your circumstances with a family law expert.
When to obtain independent legal advice
Whether you are in a de facto relationship, married, or separated, getting legal advice from professional family lawyers can give you clarity and peace of mind that you are protected should your relationship or marriage break down. As per the Family Law Act, you and your partner must do the following before you can enter into a binding financial agreement:
- You must have received independent legal advice prior to signing the agreement
- You must present a certificate from your legal practitioner confirming that they have advised you as to the effect of the agreement on your rights and the advantages/disadvantages
If you are considering entering into a prenuptial agreement before marriage, make sure you get legal advice well in advance, as it's important to leave sufficient time between formalising your agreement and the date of the wedding.
Benefits of engaging prenup lawyers in Melbourne
If you are considering entering into a financial agreement, engaging a lawyer is not only worthwhile but also a requirement for your agreement to be legally binding. Your lawyer can:
- Provide tailored legal guidance
- Highlight the pros and cons of entering into an agreement so that you can make an informed decision
- Draft a custom prenup agreement to protect your personal assets
- Ensure the specific requirements are met to make your agreement valid
- Bypass the need to attend family court should your relationship end
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Why choose Carew Counsel
BFA experts
Our lawyers are highly skilled and experienced in preparing binding financial agreements.
Goal-oriented
Our aim is to draft an agreement that meets your needs, efficiently and cost-effectively.
Goal-oriented
Our aim is to draft an agreement that meets your needs, efficiently and cost-effectively.
Empower clients
We help you understand the system, the options, and the pros/cons of each so you can make an informed decision.
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FAQs
Browse our frequently asked questions about binding financial agreements.
The cost of a prenuptial agreement in Australia can vary depending on the complexity of your case, the type and number of assets, and the lawyer’s reputation. Every case is unique which is why it’s worth booking a consultation to get a cost estimate based on your specific circumstances.
Whether a prenup is worth it depends on your circumstances, values, and priorities. There are pros and cons to consider before entering into a prenup or other binding financial agreement.
Pros
- A prenup provides a clear framework for the division of assets, debts, and financial matters in the event a relationship breaks down, offering a level of financial protection
- It can safeguard the assets that each party brings into the marriage, ensuring they remain separate property in the event of a divorce
- It encourages open communication about financial expectations and responsibilities
- It may reduce the likelihood of lengthy and costly legal battles during divorce proceedings
Cons
- Discussing and negotiating a prenup can be emotionally challenging and may create tension or anxiety in the relationship
- Some may view a prenup as a lack of trust in the longevity of the marriage, potentially causing emotional strain
- Prenups may not account for future changes in circumstances, such as the birth of children or significant shifts in financial situations
- Drafting and reviewing a prenup involves legal fees, which can be a deterrent for some couples
Speaking to a family law expert with extensive prenup agreement experience will help you clarify if a prenup is right for you and your situation.
A financial agreement, such as a prenup, doesn’t expire once entered into; however, it can be terminated if both parties agree, or the court can choose to set it aside.
Prenup agreements can be challenged and overturned under specific circumstances, such as non-compliance with legal requirements, duress or undue influence during signing, unconscionable conduct, lack of full and frank disclosure, significant changes in circumstances, or a party's failure to fully understand the agreement.
While you can write a prenup or binding financial agreement yourself, it’s not recommended. As a legal document, there are certain requirements that must be met in order for the agreement to be enforceable, which is why it’s often recommended to work with a lawyer to ensure everything is fair, accurate, and law-abiding.