Start your marriage with financial clarity and protection through professionally drafted prenuptial agreements
A prenuptial agreement, also known as a prenup or binding financial agreement, is a legal contract entered into before marriage that outlines how assets, liabilities, and financial matters will be handled during the marriage and in the event of separation or divorce. In Melbourne, these agreements provide couples with certainty and control over their financial future.
While discussing financial matters before marriage may seem unromantic, prenuptial agreements are increasingly recognised as practical tools for financial planning and asset protection. They allow couples to enter marriage with transparency and mutual understanding about financial expectations.
Legal Framework: Prenuptial agreements in Australia are governed by the Family Law Act 1975 and must meet specific requirements to be legally binding and enforceable.
Important: Prenuptial agreements cannot include arrangements about children, including custody, parenting, or child support matters. These must always be determined based on the children's best interests at the relevant time.
Safeguard pre-marital assets, inheritances, and business interests from division in case of separation, ensuring your hard-earned wealth remains protected.
Establish clear expectations about financial responsibilities, reducing potential conflicts and misunderstandings during marriage.
Avoid expensive and emotionally draining court battles by pre-determining financial arrangements, saving both time and legal fees.
Protect family businesses, heirlooms, and generational wealth, ensuring they remain within your family lineage.
Enter marriage with confidence, knowing financial matters are settled, allowing you to focus on building your relationship.
For a prenuptial agreement to be legally binding in Melbourne, strict requirements must be met:
The agreement must be in writing and signed by both parties voluntarily without duress or undue influence.
Each party must receive independent legal advice from separate lawyers about the agreement's effects and advantages/disadvantages.
Both lawyers must provide signed statements confirming they gave the required advice, attached to the agreement.
Both parties must provide complete and honest disclosure of their financial circumstances, assets, and liabilities.
Agreement should be signed well before the wedding (ideally 30+ days) to avoid claims of pressure or duress.
Protect business interests and ensure operations aren't disrupted by personal relationship changes.
Safeguard real estate investments and property acquired before the relationship.
Protect children's inheritance from previous relationships and clarify financial obligations.
Address significant income or asset differences between partners fairly and transparently.
Professionals with high earning potential or substantial student loans benefit from clarity.
Ensure family wealth and future inheritances remain protected as separate property.
Our directory includes experienced family lawyers throughout Victoria. Whether you're in the city or regional areas, find qualified legal help near you.
Connect with experienced prenuptial agreement lawyers in Melbourne who can draft a comprehensive agreement tailored to your needs
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