Pre-Nuptial Agreements

In Australia, parties to marriages and de facto relationships can make agreements about what might happen in the event that their relationship ends in a separation. These types of agreements are referred to in the legislation as Binding Financial Agreements. However, they are most commonly known in Australia and internationally as Pre-Nuptial Agreements.

We have been drawing these agreements for clients since the legislation enabling them was passed by Parliament. Over the years, new Judgments have given more guidance about what attitude the Court will take to the enforcement of these agreements. There have been changes in the law and movement in community attitudes. We have also played an active role in shaping the evolving law about these agreements, having acted in a number of landmark cases interpreting these agreements in the Family Court of Australia.

There are real benefits in a Pre-Nuptial Agreement but the decision to enter into one needs to be taken carefully. Good advice early in the process is essential to the negotiation of what inevitably is a sensitive topic. Strict legislative requirements mean great care needs to be taken in drafting these agreements.