Agreements that determine how assets will be divided once a relationship ends assists in securing your assets and limiting legal fees if you and your partner ever separate. Known as Prenuptial Agreements or “Pre Nups” thanks to the movies these agreements are detailed in the Australian legislation of the Family Law Act as Cohabitation Agreements.

Both de facto and married couples can enter into these agreements, before or during their relationship.

There are various legal requirements that the Agreements must satisfy to be binding and enforceable by the Court.  The main ones to consider are:

  1. That both parties obtain independent legal advice;

  2. That both parties disclose all of their assets and liabilities;

  3. That neither party coerce the other party to enter into the Agreement;

  4. That neither party participate in fraud during the Agreement process.

Make an appointment today for our free initial consultation so that we can discuss your specific matter.