Our aim wherever it is possible is to help people reach an agreement about their family law issues, whether that involves parenting issues or property issues, or both. There are different types of agreements in different circumstances and it is essential that you fully understand the effect on you and your family before you enter into any type of agreement.
Since December 2000 under the Family Law Act 1975, it has been possible for parties to enter into a Binding Financial Agreement before marriage, commonly known as a “pre-nuptial agreement”, which has the effect of regulating the division of assets, at least in part, upon separation. It is now also possible for de facto and same sex couples to make similar agreements.
There are a number of formal requirements for both types of these Agreements, and there are also common pitfalls with the drafting of these Agreements. It is necessary for both parties to obtain independent legal advice in relation to the Agreement as part of the requirement for it to be binding.
Parties can enter into a Financial Agreement at any time during the relationship, from when the de facto relationship or marriage is planned through to after divorce. Some different considerations apply for when the Agreement is made before, during or after the marriage.
We can either draft an Agreement for one party or provide advice on an already prepared Agreement for one party.