Financial Agreements (including pre-nuptial agreements)
If you are considering getting married or moving in with a boyfriend or girlfriend, you may want to consider entering into a Financial Agreement (also known as "Pre-Nuptial Agreement"). A Financial Agreement can set out how your assets are to be divided in the event of a separation and can be used to protect the assets of a party, particularly where there is a significant difference in the wealth of the parties.
It is important that a Financial Agreement is drafted correctly to ensure it cannot be later set aside by a Court. There are strict legal requirements that must be complied with in order for the Agreement to be binding.
A Financial Agreement can be drafted during a marriage or relationship or after the breakdown of a marriage/de facto relationship. So if you are already in a relationship and want to protect your assets or your children's inheritance, please contact us to discuss how a Financial Agreement may assist you.
Useful factsheets:
Do I need a "pre-nup" on the gift registry for our wedding?
Financial Agreements - divorce proofing Bloodline trusts and generational succession planning
After separation: Consent Orders v Financial Agreements