Prenuptial Agreements

Prenuptial agreements are recognised in Australia by the Family Law Act 1975 (Commonwealth)

Pre nuptial agreements are literally agreements made between parties prior to their marriage.

Pre nuptial agreements are made by people who are intending to marry and are often made shortly before the date of marriage. If parties have no intention of marrying, then such agreements would normally be referred to as a defacto agreement or cohabitation agreement. The format of such cohabitation agreements may vary depending on what State or Territory the parties reside in.

A pre nuptial agreement is a written agreement between a prospective husband and wife as to how they propose to deal with each other both during the marriage and in the event of a separation at least so far as financial matters are concerned.

The agreement will usually provide how the parties propose to operate in respect of financial matters, as well as often providing what should occur in the event of the marriage breaking down including how specific assets are to be divided.

Traditionally, these agreements were common place and indeed, essential as the law in the 19th century was that the husband had control over his wife's assets in the absence of such agreement.

In more recent times, pre nuptial agreements have again become more popular, particularly since the Family Law Amendment Act 2000 (which took effect from 27 December 2000) provided for pre nuptial agreements (Financial Agreements) to be fully enforceable in the Family Court of Australia provided certain conditions are met by the parties to the Agreement.

The Act allows for Financial Agreements prior to marriage (Family Law Act 1975 - Section 90B) after marriage (Section 90C) and even after separation (Section 90D).

If you need legal help regarding prenuptial agreements, complete your free legal enquiry form on the left, or click here.

To ensure that your pre nuptial agreement complies with the Family Law Act 1975 you should:

1. Make the agreement in writing.

2. Make the agreement before your marriage and in contemplation of that marriage.

3. The agreement must be signed by the parties.

4. The parties' signatures must be witnessed by an authorized person.

5. Both parties are required have independent legal advice prior to entering into the agreement, and must evidence that by providing Certificates signed by a legal practitioner.

6. The agreement must relate to specified property of the parties.

7. The agreement needs to make it clear that it is intended by the parties that the property dealt with in the agreement is not to be made the subject of the property orders subsequently by the Family Court.

If you need legal help regarding prenuptial agreements, complete your free legal enquiry form on the left, or click here.


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Prenuptial Agreements Discussion Forum

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Do you have a legal issue regarding family law and relationships?

If so, then you need help from a specialist family lawyer.

To seek legal advice and assistance from a specialist family lawyer regarding your particular legal situation, please complete your FREE legal enquiry form on the left, or click here.

We cover all aspects of Family Law & Relationships including:

Divorce, Separation and Breakdown of Relationships

Applying for a Divorce
Financial Arrangements following Divorce
Separation Agreements following Marriage Breakdown
Children - Contact, Residence and Child Support and Maintenance
Declarations of Trust and Property Ownership
Prenuptial Agreements
Post-nuptial Agreements
Property Relationships Agreements
Cohabitation Agreements and Cohabitation Disputes
International Family Law
Financial Agreements, Property Ownership Disputes & Consent Orders
Child Abduction
Adoption and the Law
Surrogacy and the Law
Dispute Resolution and Mediation
Domestic Violence
Property and Finances after Separation
Spousal Maintenance
Parental Responsibility Agreements - Parenting Arrangements
Child Support
Superannuation after Separation and Divorce
Same-Sex Relationships and the Law

We also cover all Other family law and legal relationship issues including:

  • Resolving problems with your relationship
  • Counselling and other support for your relationship
  • Domestic violence: protecting yourself and getting help
  • Ending a marriage or civil partnership
  • Planning and getting a divorce
  • Ending a civil partnership
  • Legal separation
  • Money, property and possessions when your relationship ends
  • If you’re ending a marriage or civil partnership
  • If you’re not married or in a civil partnership
  • Financial planning when your relationship ends
  • Working out money and property using financial orders - 'ancillary relief'
  • Looking after children if you divorce or separate
  • Looking after children if your relationship ends
  • Children, divorce, separation and courts

Relationship breakdowns can affect our health. You  may feel a range of powerful emotions, such as fear or uncertainty for the future, anger at your partner or yourself, sadness at the end of a phase of life, loneliness and isolation and often a sense of failure. It can be difficult to adjust to your new circumstances and this can impact on your mental health.

Worrying about the impact of relationship breakdown, separation and divorce on children can add to the stress of the situation.

There are a range of services available which provide assistance and support to those experiencing relationship breakdown, separation and divorce. Family Relationship Centres are a first port of call for families seeking help. Through information and referral, the centres help families strengthen relationships and deal with relationship difficulties.

Changes to Australia's family law system introduced since July 2006 means that individuals wanting to apply to the court for a parenting order must first attempt family dispute resolution if appropriate. If family dispute resolution is not appropriate or an agreement not reached then a certificate can be obtained from a registered family dispute resolution practitioner confirming an attempt at family dispute resolution was made.

Note: There are some exceptions to this requirement, such as cases involving family violence or child abuse.

Family Relationship centres can also refer individuals, couples and families to a range of other helpful services to enhance family relationships.

To seek legal help from a specialist family lawyer, please complete your Free Legal enquiry form.

Prenuptial Agreements Updates
Prenuptial Agreements Links

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family law? are you thinking about having a divorce?  If so then you need legal advice from a qualified family lawyer.  Family laws can be quite complex and difficult to navigate which is why it is important to obtain sound legal advice in order to protect your position. Our free legal enquiry service covers all aspects of family law. So if you need a family lawyer to give you the best legal advice regarding your legal situation, then don't delay enquire today!

Have you been in a car accident?

If you have been involved in a car accident, then the chances are that you could be entitled to claim compensation. It is important you seek legal advice immediately following are car accident as there are stringent time limits that apply to the making of CTP claims.

If you have suffered a personal injury in a car accident, either as a:  driver, passenger, cyclist, motor cycle rider or pedestrian, you could be entitled to claim compensation, whether you have minor soft tissue injuries, whiplash, broken limbs, head injuries or far more serious injuries. It is important you obtain sound legal advice without any delay. Enquire today to find out what compensation you could be entitled to.

To find out what compensation entitlements you could receive for your injuries please complete our no obligation, FREE Online legal Enquiry Form

Car accidents happen every day. If you have been affected from a road related incident, the chances are you could be entitled to claim a compensation payout. You should seek legal advice immediately. even if you are the victim of a hit-and-run accident you could still be eligible to claim compensation. Please complete your free legal enquiry form to find out more.

There are time limits that apply to CTP claims and it is important to seek legal advice immediately to ensure that your rights entitlements are protected.

Have you been involved in an accident with uninsured vehicle?

If so then you could be Eligible to claim compensation against the nominal defendant.

It is important to seek legal advice immediately. - please complete your free legal enquiry form to be put in contact with a lawyer who can help you with your claim.

If you have been injured in a Road related accident either as a driver, passenger, pedestrian, motorcyclist or cyclist, you could be entitled to claim a significant compensation payout. You should seek legal advice immediately to find out what you could be entitled to claim.

Legal advice for family law matters

Do you need legal advice regarding family law? If so, please complete your free legal enquiry form. Going through a separation and divorce can be a difficult time for those involved and that's why the process needs to run as smoothly as possible. It is therefore important that proper legal advice be obtained from a qualified legal practitioner practising family law who can help you and give you the legal advice you need to guide you through your difficult situation and ensure that the matter is dealt with as fairly as possible. Please complete your free legal enquiry form to find out more.

Car Accident Compensation

Have you been in a car accident? where you a driver, rider, passenger or pedestrian? If you answered "yes" to any of those questions, then you could be entitled to claim a significant compensation payout. To find out more please complete your free legal enquiry form.

 

Cyclist Accidents and Injuries

Quite often cyclists are not given proper care and attention by other road users. This can result in accidents occurring between car, trucks and other motor vehicles with bicycle riders. Motorists often fail to give way to cyclists therby causing an accident with the cyclist.

If you are a cyclist who has been involved in an accident, then the chances are you could be entitled to receive a significant compensation payout from the CTP insurer of the driver that caused the accident.

To find out more, please complete your free legal enquiry form.

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