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Prenuptial Agreements

There are many pros and cons of prenuptial agreements, and they can be costly if not done right. Our family lawyers will ensure your financial assets are protected.

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Explaining what prenuptial agreements are and how they work

Many couples are unsure what prenuptial agreements are, how they work or if they may need one. We can help you understand the ins and outs of prenuptial agreement so you have all the information to make informed choices before, during and after your relationship.

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Helping you create, change, challenge or cancel a prenuptial agreement

Dealing with the paperwork of prenuptial agreements can often be confusing. A family lawyer can assist you through this process whether it be creating, challenging or cancelling a prenuptial agreement, by clarifying what is required in legal documents so you can progress through the process as quick as possible.

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Ensuring you receive what you are entitled to

We will advise you on your property and asset entitlements up front and help you structure your prenuptial agreement to protect your entitlements. We will ensure you fully understand the terms of the agreement before committing.

Frequently asked questions

A prenup is a binding financial agreement between two individuals that records their assets, liabilities and financial resources prior to marriage. The agreement states what will happen to the assets, liabilities and financial resources and how these will be divided between the two parties upon divorce.
Suggesting a prenup can be an awkward conversation with your partner, but creating a prenuptial agreement ensures the assets and resources you have worked hard for are protected in the event of a divorce, and ensures your future self and those dependent on you are provided for and protected.
For a prenup to be legally enforceable, certain strict criteria must be met. These include:
- The agreement must be signed by both parties in the presence of a suitable witness, usually the parties’ legal representative;
- Both parties must have independent legal advice prior to entering into the agreement. Parties cannot share a lawyer or get advice from the same lawyer under any circumstance;
- Those providing independent legal advice must sign a declaration that they have done so;
- The parties must have entered into the agreement without duress, coercion or undue influence;
- The agreement should detail a complete disclosure of both parties’ financial positions; and
- The agreement must be fair for both parties.
A person may be able to challenge a prenup if:
- The agreement was entered into or drafted fraudulently;
- If one or both person’s circumstances has changed since the agreement was entered into;
- If one person did not voluntarily enter into the agreement; or
- The agreement is not considered fair or just for both parties.
If any of these circumstances exist, the prenuptial agreement can be challenged in the Family Court and rendered unenforceable.
You can only cancel or change your prenuptial agreement if you prove one of the following:
- The prenuptial agreement was signed under fraud;
- The prenuptial agreement isn’t practical or convenient to fulfil; or
- One party was unfair or unethical when creating the prenuptial agreement.
You can decrease the likelihood of needing to cancel or change your prenuptial agreement if you plan effectively for future possibilities, for example having children.
It is important to sign you prenup well ahead of your wedding ceremony. This will reduce the change of the court finding one party to have entered the agreement under duress, coercion or undue influence. Signing the agreement as far away from your wedding ceremony as possible is best (recommended no less than 60 days before the ceremony). By signing early, both parties also have more time to consider the details of the prenup before getting married.

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We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.

We will respect you and your situation

Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.

We will listen and understand your needs

We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.

We will stand by you all the way

Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.

We can help you through your divorce.

Forge Legal’s divorce lawyers are specialists in all areas of family law and can assist you with all legal matters in your divorce/separation.

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