Prenuptial Agreements also known as Binding Financial Agreements in Perth

Prenuptial agreement

Despite the best of intentions, sometimes marriages simply do not last. This can be for a variety of reasons, almost always unpredictable! Matters become especially complicated when there are disagreements between both parties regarding property  or if there are any children involved. This is why, despite the current state of the relationship, there Is often a need for a pre-nuptial agreement. Couples can protect themselves and their interests by drafting a binding financial agreement (BFA). Their  home, their financial capacity and  their family’s wealth can be protected!

Legal representation in the family courts may be necessary in these situations to resolve disputes. Couples that are soon to be separated can derive significant value out of having a pre-nuptial agreement. Perth courts can be avoided through a clear definition of legal ownership  and obligations stipulated through a binding financial agreement.

Prenuptial agreements are legally binding and enforceable if they adhere to the strict legal requirements. Ensure that you contact a Kawalsky Lawyer to fully understand the legal ramification and restrictions placed on prenuptial agreements in Perth.

What is a Prenuptial Agreement?

A prenuptial agreement for couples deals specifically with property division and spousal maintenance for marriages that end in divorce. These agreements determine all financial aspects of the marriage. While divorce is never expected, having a pre-nuptial agreement can benefit couples in the following ways:

  • Keeping assets separate
  • Dividing debt and financial obligations
  • Establishing property ownership
  • Settling negotiations
  • Providing support for children 

Prenuptial agreements also take into account anticipated changes such as providing ongoing care if there are children involved. All assets and liabilities will then be divided according to the binding financial agreement. Perth couples who have issues related to property division and spousal maintenance can be resolved without the courts becoming involved.

Prenuptial agreements are generally made prior to a marriage but couples who are already married can still enter into a binding financial agreement by Perth legislation. This may be worth considering if either party comes into a significant inheritance or if the couple decides to have children.

As with all other legally binding documents, prenuptial agreements must be done according to strict requirements with a certificate from a lawyer for it to be upheld in the family courts.

Do Financial Agreements Apply to De Facto Relationships?

Family law is a complicated aspect especially when a couple is not legally married. However, the federal government implemented new changes from 2009 that gave de facto relationships similar legal rights entitled to married couples.

This means prenuptial agreements can also be made for couples in de facto relationships which will be reviewed by the family court should there be any disputes between both parties.

What Happens if There is no Prenuptial Agreement?

Matters become more complex if a marriage ends in divorce without a prenup. Legal counsel in these circumstances is strongly recommended as there is bound to be disagreement where asset division and spousal maintenance are concerned.

It is entirely possible for a settlement to be made between the couple without intervention from a family court. Settling in this manner ultimately saves both parties from a significant amount of pressure.

How We Can Help

Are you looking for a prenuptial agreement from a Perth based legal firm? The team at Kawalsky Lawyers are experienced in all aspects of family law which tend to be complicated when disputes arise during a separation. We provide comprehensive advice regarding your legal rights with the following matters:

  • Separation and divorce
  • Property division
  • Spousal maintenance
  • Financial settlements
  • Child support
  • Intervention orders
  • Prenuptial agreements 

We understand that all relationships have different circumstances. We use primary dispute resolution methods during the negotiation process for both parties to come to an agreement. If a resolution cannot be agreed to, we provide strong representation in the court that protects your interests.

Get in contact with Kawalsky Lawyers today and learn more about prenuptial agreements. Perth couples should have all the information and protection they feel is necessary before making such a huge commitment to one another! Call 08 6180 3670 or click here!

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