Getting an agreement

We are available to represent you, give you advice and draft binding agreements before, during and after relationships or marriage.



This could include representation, advice and drafting your:

– Binding financial agreements
– Binding child support agreements
– Deeds of family arrangements
– Consent orders

BINDING FINANCIAL AGREEMENTS

When a relationship commences, many people wonder whether they should have a pre-nup (if marriage is in their thoughts) or a Relationship Agreement. In Australia it is possible and sometimes advisable for a couple to give consideration to this question. There are many reasons which we have come across:

– It is their second time around and they want certainty of a property settlement if the relationship ends;
– They want certain assets or interests to be excluded in the event of a split;
– There may be family money which needs to be quarantined from a settlement;
– They have specific ideas about how particular assets or interests should be considered;
– A tailor-made arrangement suits their lifestyle or future plans;
– Succession issues are to be dealt with;
– Business interests are entwined with other people and this needs careful consideration.

There may of course be other reasons why couples do not want the provisions under Family Law to dictate how their property will be dealt with or divided in the event of a breakdown of the relationship. Parties do not have to be married or even contemplate marriage to take advantage of such agreements.

However, there are strict requirements that come into play if a “pre-nup” or a relationship agreement (they are all Financial Agreements under the Family Law Act) is to be drawn up. Careful and wise advice needs to be sought and given in these situations, especially as each party must have their own lawyer during the process who will provide mandatory advice about the advantages and disadvantages of the entering into the Agreements, as well as the effect of the terms on their rights under the law.

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