Prenup Lawyers : Prenuptial Agreements in Australia
FEATURED ON
FEATURED ON
What You Should Look for When Hiring a Prenup Lawyer
When hiring a prenup lawyer, you will want to know that they are a specialized divorce lawyer with previous experience drafting Prenuptial Agreements in Australia.
Prenups don’t have the best reputation in Australia.
This is largely because many legal practitioners may ‘dip their toes’ in the world of prenups and offer it as a service, but aren’t familiar with the latest laws surrounding them.
It is really important that you engage a law firm that is proficient in prenups, and have the experience to assure you that the agreement will be binding.
“Hayder was very knowledgeable and helpful in providing a brief overview of the status my legal matter. The questions were answered succinctly & honestly.“ – Danny Simmons
Our Services
- Drafting Agreements
- Legal Consultation
- Reviewing of Existing Prenuptial Agreements
- Amendmening or Updating
- Mediation
Reviews
How Does a Prenup Work
- To ensure a valid and binding prenuptial agreement in Australia, follow these key steps in order:
- Lawyers will then inform their clients about how the prenup affects their rights, including its advantages and disadvantages.
- Initially, each party must seek independent legal advice from a lawyer specialising in prenuptial agreements to understand their rights.
- The legal advice also encompasses the necessity of the agreement and the fairness of the proposed property division within the prenup.
- Each party needs to prepare basic financial and personal information for their lawyer, including assets, liabilities, employment, and salary details.
- This preparation includes providing the most recent tax return and bank statements, along with preferences for property division in case of a relationship breakdown.
What is a Prenup
A prenuptial agreement in Australia, commonly known as a prenup, is a document that governs how your assets will be distributed if you and your partner separate. The legal term for a prenup is a binding financial agreement.
At any stage of relationship, couples can enter into a binding financial agreement. It’s not possible to enter into a prenup if there’s already a valid prenup with another person.
Essentially, it lists all the property and any debts that each person owns and then outlines each person’s property rights after the marriage. Prenup is a written contract that establishes each person’s financial standing and how finances will be split after a separation.
Both parties intending to enter into a prenup must ordinarily reside in Australia. Each party must also obtain Independent Legal Advice from different lawyers working in different law firms. The lawyers must also sign a certificate confirming that the advice, as required by the Family Law Act 1975 (Cth), was given to their client before their client signed the Agreement.
Learn what steps you can take next.
Let us Help You
Reach out for an exploratory conversation.