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Prenuptial Agreements Brisbane
prenuptial agreement lawyer brisbane

We meet many couples experiencing separation and divorce, and we have seen that when we are being driven by the pain and hurt that separation can bring, our choices are impacted. Prenuptial agreements can be a big help to protect your assets from potential disputes in future as they allow couples in an intact relationship to make the intentions they have for their assets now, binding even in the future.

What we know as a Prenuptial agreement are formally called Financial Agreements in Australia. The agreement sets out the division of assets and liabilities in the event of separation or divorce. 

While it’s difficult to think about a possible divorce when you’re planning for marriage or otherwise in an intact relationship, it’s wise to consider what might happen if things don’t work out in the future. Prenuptial agreements act as an insurance policy against any division of assets and liabilities that may occur during a separation or divorce. This means that you can avoid going to court if things don’t work out as planned. 

Before making a prenuptial agreement, it is a legal requirement for each party to seek legal advice, we provide this type of advice here at Brisbane Family Law Centre, our experienced prenuptial agreement lawyers can help. We will discuss the details of your relationship, why you want to take this step and make sure a financial agreement is right for you, before we draft the enforceable document that both parties are happy with and will ultimately sign. 

Once the process of drafting your financial agreement is complete, you and your partner will meet with your individual lawyers to sign the financial agreement. Most commonly, a financial agreement will come into effect from when it is fully signed. This means that you can have peace of mind and enjoy the benefit of your financial agreement right away.

A prenuptial agreement can help you protect your property, savings and other assets. This happens by way of you and your partner setting out your intentions for your assets into a legally binding document which will need to be followed in the event of a separation.

The effect of a binding and enforceable financial agreement is that your partner cannot apply to the Courts to have the assets and liabilities you have separately, and jointly, be divided in any way that is inconsistent with the financial agreement. The Court would be unable to depart from what was agreed to by you both when you entered into the financial agreement.

Our experienced prenup lawyers know how important it is to protect your interests, and we’ll help you understand the process so that your goals are met, even in the event of real conflict in the future.

Consequences of not having a prenup

If you do not make an enforceable prenup before your wedding, the Court may divide assets by considering several factors. These include how long you’ve been together, the contributions of each of you, whether you had children and how that impacted the financial circumstances of each of you, and the future needs of each of you. 

A prenuptial agreement lawyer can help you make an informed decision about how best to protect yourself financially before and after marriage. Once signed by all involved, it will be legally binding and could help save time, money and stress in the future.

Getting Advice From a Prenup Lawyer in Brisbane

The process of making an enforceable prenuptial agreement is complex. Obtaining independent legal advice is a mandatory step.

At Brisbane Family Law Centre, our prenup lawyers are dedicated to helping you understand your rights and providing expert legal support during the process.

We’re more than happy to answer any questions or concerns that you may have about prenuptial agreements in Brisbane, so get in touch today for a free 15 minute call with one of our experienced solicitors.

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