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 do not take instructions to prepare Pre-Nuptial Financial Agreements. We do however provide advice in relation to Pre-Nuptial Financial Agreements that are already on foot, most commonly where one party is seeking to set aside the agreement. 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 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.

Legislation Highlights
Section 90G
Section 90K

Leading Cases
ASIC & Rich & Anor [2003] Fam CA 1114 – The law has been changed as a consequence of this case.
Smart & Smart [2008]