Prenuptial Agreements
Prenuptial agreements are recognised in Australia by the Family Law Act 1975 (Commonwealth)
Pre nuptial agreements are literally agreements made between parties prior to their marriage.
Pre nuptial agreements are made by people who are intending to marry and are often made shortly before the date of marriage. If parties have no intention of marrying, then such agreements would normally be referred to as a defacto agreement or cohabitation agreement. The format of such cohabitation agreements may vary depending on what State or Territory the parties reside in.
A pre nuptial agreement is a written agreement between a prospective husband and wife as to how they propose to deal with each other both during the marriage and in the event of a separation at least so far as financial matters are concerned.
The agreement will usually provide how the parties propose to operate in respect of financial matters, as well as often providing what should occur in the event of the marriage breaking down including how specific assets are to be divided.
Traditionally, these agreements were common place and indeed, essential as the law in the 19th century was that the husband had control over his wife's assets in the absence of such agreement.
In more recent times, pre nuptial agreements have again become more popular, particularly since the Family Law Amendment Act 2000 (which took effect from 27 December 2000) provided for pre nuptial agreements (Financial Agreements) to be fully enforceable in the Family Court of Australia provided certain conditions are met by the parties to the Agreement.
The Act allows for Financial Agreements prior to marriage (Family Law Act 1975 - Section 90B) after marriage (Section 90C) and even after separation (Section 90D).
If you need legal help regarding prenuptial agreements, complete your free legal enquiry form on the left, or click here.
To ensure that your pre nuptial agreement complies with the Family Law Act 1975 you should:
1. Make the agreement in writing.
2. Make the agreement before your marriage and in contemplation of that marriage.
3. The agreement must be signed by the parties.
4. The parties' signatures must be witnessed by an authorized person.
5. Both parties are required have independent legal advice prior to entering into the agreement, and must evidence that by providing Certificates signed by a legal practitioner.
6. The agreement must relate to specified property of the parties.
7. The agreement needs to make it clear that it is intended by the parties that the property dealt with in the agreement is not to be made the subject of the property orders subsequently by the Family Court.
If you need legal help regarding prenuptial agreements, complete your free legal enquiry form on the left, or click here.
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We cover all aspects of Family Law & Relationships including:
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Prenuptial Agreements
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There are a range of services available which provide assistance and support to those experiencing relationship breakdown, separation and divorce. Family Relationship Centres are a first port of call for families seeking help. Through information and referral, the centres help families strengthen relationships and deal with relationship difficulties.
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If you agree about property and money
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Lawlink NSW: 4. Financial agreements
The data also revealed a general perception among respondents that pre-nuptial agreements did not help them, or would not have helped ..
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by B FEHLBERG - Nasheri, H. (1998), 'Prenuptial agreements in the United. States: a need for closer control?', International Journal of. Law, Policy and the Family, vol. 12, pp.
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ATWOOD, B, "Ten Years Later: Lingering Concerns about the Uniform Premarital Agreement Act" (1993) 19 Journal of Legislation 127 ..
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the member; a spouse of the member (the non-member spouse); or; a person who intends to enter into a superannuation agreement (including a pre-nuptial ..
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In January 1976 the parties entered into a prenuptial agreement in South Africa. 22. The parties married in January 1976. 23. The parties immigrated to Australia ..
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In Australia, unlike most other countries, premarital agreements, or financial agreements entered into before marriage, are not legally effective on divorce.
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If you agree about property and money
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Brief and Straightforward Guide: What Is the Uniform Premarital Agreement Act?
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Crafting a prenuptial agreement is not only a safeguard, but it can also allow two people come into a marriage without any lingering questions.
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A contract made in anticipation of marriage that specifies the rights and obligations of the parties. Such an agreement typically includes terms for property ..
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Retirement plan rules supersede premarital contract. Simplified methods for uniform capitalization to be expanded by IRS.
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MANY persons, particularly those with some amount of wealth, in their dissatisfaction with how things may be divided should they divorce, have ..
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Do not deprive one another, except perhaps by agreement for a limited time, that you may devote yourselves to prayer; but then come together again, so that ..
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prenuptial agreement
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Premarital Asset Protection With A Prenuptial Agreement - Requirements For Validity. As Portland Oregon based divorce lawyers, we get a lot of questions from ..
Woman writes halachic treatise on prenuptial agreements that she ..
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Jewish Marriage and Pre-Nuptial Agreements
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A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a contract entered into by two people ..
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Prenuptial Agreement
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Prenups- Good or Bad??? By Pepper Schwartz, Ph.D..
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Definition: A prenuptial marriage agreement is a signed and notarized contract that spells out how a couple will handle the financial aspects of their marriage.
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V. wants to know if prenuptial agreements can protect only one party.
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