Pre-Nuptial & Family Law Agreements
These can be entered into –
- Before People Marry
- Whilst people are married
- After seperation
People contemplating getting married can make a financial agreement as to –
- What Happens to their property
- The maintenance of either party during marriage and/or after seperation.
Each party needs independent legal advice.
A financial agreement survives the death of a party.
A court can set an agreement aside if:
- it was obtained by fraud, because it is void (eg the requirements set in the Act
- circumstances have arisen which make it impracticable for the agreement to be carried
- there had been a material change in circumstances relation to care, welfare and
development of a child of the marriage or
- there has been unconscionable conduct (eg signing the agreement on the parties’
Financial Agreements can also be made during marriage & following seperation as to the division of property & maintenance (if any).