Best Lawyers For Prenuptial Agreements
A prenuptial agreement is a legal document signed by a couple before getting married to determine how assets are likely to be divided in the event of a divorce.
Many people are hesitant to bring up the idea of a prenuptial agreement with a partner before marriage. After all, the possibility of divorce isn’t something you want to think about when getting married.
Prenuptial agreements aren’t only for the wealthy. Everyday Australians increasingly use them.
We can’t predict life’s twists and turns, especially the impact they have on a marriage. But a prenuptial agreement can help a marriage by underpinning it with some certainty and security.
Prenuptial agreements need to be carefully considered and done properly. If you are considering making a prenup, be sure to speak to our affordable and experienced family lawyers.
What is a Prenup?
A prenuptial agreement will usually spell out in detail what division of assets and property the parties agree to in the event the parties separate.
A prenup is a type of binding financial agreement (BFA).
A prenup can include most anything, generally however, they include the following:
- Property Division: The agreement outlines how the couple’s property, assets, and debts will be distributed in the event of separation or divorce. It can specify the division of assets acquired before the relationship, during the relationship, and even potential future assets.
- Financial Resources: The agreement can cover matters related to financial resources, such as investments, inheritances, businesses, and superannuation (pension funds).
- Spousal Maintenance: It can address whether one party will provide financial support to the other in case of separation or divorce and the terms and duration of such support.
- Other Matters: Prenuptial Agreements can include provisions related to child custody, parenting arrangements, and other relevant issues, although the court ultimately has the final say in matters concerning children.
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While parties are free to include whatever conditions they wish, a premarital agreement must generally:
- Involve both parties making a full and fair disclosure of their separate assets and liabilities prior to the agreement being signed
- Must be between parties who have been given independent legal advice
- Not be presented to the other spouse on the eve of marriage but rather with enough time for the spouse to review and fully consider the terms of the agreement
A prenuptial agreement that fails to meet these three basic requirements is in danger of being disregarded and set aside by a family court if the agreement is challenged in a family law proceeding.
You may have a prenup to sign, or you may want to have one drafted to give to your partner. Either way, we can help.
What to Expect when working with PB Lawyers Australia
Here are some reasons why people choose us:
- Punctual and Precise: From your first consultation until a successful solution, we will work hard to resolve your matter fast and with precision. We answer all enquiries quickly as we understand how stressful legal pressures can be. And more often than not, time is crucial, so we act promptly. Having the right lawyer in your corner is the most important aspect when dealing with legal matters, so as we are fast, we are also as experienced and thorough.
- Understanding and Perceptive: We understand that being involved in any legal matters can be stressful. So, we take the time to learn your situation and get a good grasp on all the relevant factors and use that information to work for you in the best way possible. We’re here to guide you every step of the way, we will listen to you, offer advice, answer any questions you have and ensure that you have all of the information you need to make an informed decision every time.
- Affordable and Reasonable: There is no surprise in saying that legal fees can be expensive, however, engaging a lawyer may be less expensive than you realise. Doing so will most definitely reduce the amount of stress and the amount of time in dealing with your legal matters. We offer flexible billing arrangements for our services, including event billing, time interval billing and fixed rate fees. We’ll also be transparent with you about the costs surrounding resolving your matter and provide you with a quote once we’ve had a consultation with you and understand your situation.
- Experienced and Knowledgeable: Each member of our trusted team has years of experience in the areas of law they each practice, coming from different cultural and societal backgrounds. This allows us to understand your situation more easily and work together to find the best outcomes for your situation. Like we said before, no two situations are the same, but our vast range of experience means that we can certainly help you.
Our Prenup Solutions include:
Assisting You Gather Relevant Documentation
Drafting Required Documents
Giving You Advice on the Best Method to Proceed
Providing a Free First Consultation
Confirming Binding Nature of Documents
Negotiate with Opposing Lawyer
Assist with Asset Planning
Fight Against Malicious Terms
Exchange and Finalise Documents
Client Testimonials and Reviews
Frequently Asked Questions
Who should make a prenuptial agreement?
If you’re thinking of moving in with your partner, or planning to get married, you should consider making a prenup if:
• It’s your second marriage, and you wish to keep separate some of the assets from your first marriage. This will allow you to pass them on to your children
• One of you has more assets or more debt than the other
• You want to protect your interest in a family business
• You expect a significant inheritance and want to protect your interest
Of course, these are only a few examples. There may be other situations in which a prenup agreement is appropriate.
What are the benefits of signing a prenup agreement?
A prenup is an excellent idea for several reasons. If divorce occurs, it can:
– Protect one party’s business from being divided or controlled by a former spouse.
– Limit the amount of spousal support payable to the other party.
– Protect the financial interests of people with substantial wealth.
– Protect the inheritance rights of any children or grandchildren that exist from previous marriages or relationships. Read more about grandparents’ rights here.
– Help your marriage start with clear intentions and expectations, allowing you to go forward without worry.
Can you cancel or change an agreement?
In certain circumstances, either party has the right to challenge a legally binding agreement.
Couples can agree to vary the terms of – or even terminate – an agreement. If your partner does not agree, you must prove:
– There was a fraud including non-disclosure of a material matter at the time the Agreement was made
– The agreement is not practical to carry out
– The other person has acted in an unethical or unfair way
When are Prenups most appropriate?
Generally speaking, in those cases where:
– One person has much more property than the other when the relationship begins
– One person is, or may later become, entitled to an inheritance or gift
– You are moving into a second or subsequent relationship where children from former relationships might need to be protected financially
– You both simply want to make sure the terms of any property division are agreed up front and will not end up the subject of protracted and invariably costly litigation
