Getting married or entering a de facto relationship?

What you need to know about Prenuptial Agreements in Australia

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If you’re thinking about getting married, or entering into a de facto relationship, it’s a good time to consider a prenuptial agreement – known as a Binding Financial Agreement (BFA) in Australia. Australian Family Lawyers can help you understand all the issues to strengthen and clarify your relationship for the future.

Set Your Relationship Up for Success

Prenuptial agreements are not about setting your relationship up to fail. They’re about helping you to navigate issues that could derail your relationship in the future. This is especially important where:

  • you have assets from a first marriage.
  • you have children from a first marriage.
  • you or your partner have a lot more property than the other.
  • it’s a de facto relationship and one party is moving into the other’s property.
  • there’s a future inheritance.
  • you have a family business.

Your prenuptial agreement is a legally binding financial agreement that helps clarify what will happen if the relationship breaks down. It will cover what happens to your finances and property, and how they’ll be divided.

The Benefits of Prenuptial Agreements

  1. Provides certainty and clarity
  2. Plans for the future in any scenario
  3. Saves emotional turmoil
  4. Provides more control over your assets
  5. Ensures a cleaner separation
  6. Protects assets that are personal to you or should benefit your family or children

Australian Family Lawyers are Your Family Law Experts

As family law experts we can sensitively help you through the process of creating a beneficial prenuptial agreement. We operate through a cost-effective process that means we give exceptional service with excellent value.

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Contact AFL for assistance with your prenuptial agreement

No. A binding financial agreement (BFA), prenup or prenuptial agreement are all terms for an agreement that sets out the way your assets will be divided in the unlikely event of a relationship breakdown.

A prenuptial agreement can be signed at any time during the parties’ relationship. Typically, however, you’d enter into it prior to marriage or a de facto relationship.

Yes, a BFA does continue to operate even after one party’s death which makes it binding upon the legal personal representative of the deceased party.

No. The prenuptial agreement is a private agreement which doesn’t need to be endorsed by the courts. However, as long as it’s legally made, it will be enforced by the courts.

In order to enter into a BFA, you’ll need to collect all your financial information, and that of your partner. This includes your assets, liabilities, employment and salary details, other income sources, recent tax returns, bank statements, superannuation information, any spousal support or child support and any other property you may have.

Yes. You and your partner may decide to terminate the prenuptial agreement at any time. You may then enter into a new agreement, or decide not to have one at all.

Yes. Your agreement can be amended at any time, and you’re encouraged to do so as your circumstances change.

Binding financial agreements must be carefully drafted to ensure they are binding. But our family law specialists are experts at creating legally binding documents, including BFAs. They will consider any structures in place – such as companies, self-managed super funds and family trusts – as well as your financial situation, tax implications, legal costs and other obligations.

About Australian Family Lawyers

Our team is on standby to help you with all your family law matters, including prenuptial agreements. We know this can be an emotional process, but getting clarity around these issues can help you be prepared for a long and successful relationship into the future.

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