What you need to know when Working With Pre-nup Lawyers
It is increasingly common for modern couples to choose to enter into a pre-nuptial agreement before getting married.
But the question remains: What is a pre-nuptial agreement, and why is it beneficial for couples to have one?
Quick Summary
- A pre-nup is drafted at the beginning of a relationship or marriage to set out how assets will be divided should a couple break up in the future.
- The standard agreement affirms “whats yours is yours, what’s mine is mine” and then what is acquired during the relationship is split equally. However, you can decide your own arrangements if there is mutual agreement.
- The primary objective of a pre-nup lawyer is to ensure the agreement is legally binding and upheld in a court of law.
- Pre-nups cost between $5,000 – $20,000 in Australia, depending on the complexity and the value of the assets.
What Is A Pre-Nup?
A pre-nup is a legal agreement between two parties prior to marriage.
It outlines how assets will be split between each party in the event of separation.
It is important to note that these agreements are not only in the case of marriage but they are also applicable in de facto relationships.
There are many reasons why couples choose to enter into a pre-nup.
It offers protection and clarity for both parties in the event of a divorce or separation, and it defines the rights each party will have in relation to any assets or finances that were acquired during the marriage.
It also serves as a clear, enforceable document to avoid any potential disputes or ending up in the Family Court.
For Australian couples, a pre-nup can provide even more protection and peace of mind.
The Role Of Pre-Nup Lawyers
When it comes to pre-nup lawyers, the primary objective is to ensure the agreement is legally binding and that you are getting proper advice about what you are entitled to.
It is important that couples choose a pre-nup lawyer who is experienced and knowledgeable in these types of agreements.
They should be able to provide advice on the best way to structure the agreement and ensure that the terms are fair and equitable for both parties.
When engaging a prenup lawyer, couples should understand the process and what to expect.
This includes knowing which documents are required, determining if the agreement is fair for both parties, and ensuring the appropriate language is used so the agreement is legally binding.
If you are looking for assistance with pre-nup agreements, Justice Family Lawyers are here to help.
We offer personalised and professional advice, and our services extend to the negotiation, drafting and review of prenups, as well as advice on property and financial settlements.
Final Thoughts
A pre-nup is a great way for couples to ensure that their finances are protected in the event of a divorce or separation.
It is important to choose a lawyer who is experienced and knowledgeable in this area, as they can help to ensure that the terms of the agreement are fair and legally binding.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.