Pre and Post Relationship Financial Agreement

Australian Family Law makes provision for parties to enter agreements that will regulate how property and liabilities are to be divided in the event of separation. Such agreements are referred to as “Financial Agreements” or “Binding Financial Agreements” and are similar to “pre-nuptial” and “post-nuptial” agreements that are used in the United States.

Financial Agreements can be entered into at the commencement of a de facto or matrimonial relationship, during a de facto or matrimonial relationship or after the break down of a de facto or matrimonial relationship.

Binding Financial Agreements are commonly used by couples who commence a relationship having already accumulated significant property in their own right and who wish to “protect” that property in the event that their relationship irretrievably breaks down.

Financial Agreements are used as a vehicle to:

• Promote certainty and security as to how property matters will be regulated in the event of separation;
• Avoid the emotional and financial expense of negotiating or litigating a division of property after separation;
• Promote harmony during the relationship itself.

If you feel that you or your relationship would benefit from a Financial Agreement or you would otherwise like to know more, please do not hesitate to contact our office to arrange a free half hour consultation to discuss Financial Agreements further.

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