Pre-nuptial Agreements

About the service

Pre-Nuptial Agreements (referred to in the Family Law Act as Financial Agreements) are growing in popularity particularly amongst those who have previously been through a divorce or separation. If you would prefer to work out the division of assets and liabilities in advance of a potential separation occurring in the future, entering into a Financial Agreement is a prudent option.

A Financial Agreement will provide clarity in the event that the relationship ends in the future. An Agreement of this nature can also be used to exclude inherited assets, family heirlooms, family businesses and significant gifts from claim by the other party if the relationship or marriage breaks down.

The law allows married and de facto couples to enter into a written financial agreement that is binding on them. The Financial Agreement replaces the spouses’ property and or spousal support rights under the Family Law Act.

Financial Agreements may be entered into prior to the commencement of a marriage or de facto relationship, during the course of the marriage or relationship or after separation or divorce.

You must speak to a lawyer before entering into a Financial Agreement as the Agreement needs to include a Statement of Independent Legal advice signed by the solicitor representing you. Your partner will also need to obtain their own independent legal advice.

The team at Vic Rajah Family and Estate Lawyers will work with you to create a Financial Agreement that applies to your unique circumstances or otherwise review and advise you if your partner’s legal representatives have prepared the Financial Agreement