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When we act for you, Leach Legal will help you with every aspect of the prenuptial or post-nuptial agreement process. Our Leach Legal Family Law team has significant experience in handling prenuptial or postnuptial agreements. In Australia, a prenuptial agreement (prenup) is called a Financial Agreement (FA). FA’s are best known for agreeing to a division of financial assets in the event of separation so there’s no need for expensive litigation if the relationship ends.
FA’s are especially relevant when one partner enters a marriage with far more financial assets than the other or if one or both parties are likely to inherit significant assets. FA’s have another, less well-known purpose. This is allowing parties in a broken relationship to agree on the division of their assets without having to apply to the Family Court for Consent Orders.
A critical difference between FA’s and Consent Orders is that FA’s deal only with financial matters, and cannot be used to set out the terms of other issues, such as parenting arrangements.
If you are contemplating a Financial Agreement before marriage, there are two main areas you may consider.
When using a Financial Agreement at the end of a relationship to resolve the division of financial assets, the same consideration needs to be given to legal matters. Both parties must have lawyers, and advice given follows a four-step process:
Once this process is completed, a properly drafted agreement is critical to ensure any Financial Agreement is unlikely to be set aside as a result of a subsequent challenge by the other party.
Typical questions you may have:
If you would like to talk through the pros and cons of a Financial Agreement, Leach Legal offers a free, 15-minute telephone consultation to help clarify key points – call (08) 9486 9733 today.
Our team of experienced, professional, Perth Family Lawyers are here to help with your financial agreement.