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• Divorce
• Binding Financial Agreements
• Property Settlement
• Making a Will

Binding Financial Agreements

Binding financial agreements fall into three categories:

• Pre-Nuptial Agreements
• Post-Nuptial Agreements
• Cohabitation Agreements

Who can make a Pre-Nuptial Agreement?

Any couple intending to marry can make an agreement about their property rights and liabilities in the event of a marriage breakdown or the death of one of them.

What is a Post-Nuptial Agreement?

Any married couple can make an agreement about their property rights during their marriage. The most common form of post-nuptial agreement is a separation agreement which formalizes the agreement about division of property and maintenance on separation.

Who can make a Cohabitation Agreement?

Couples who intend to move in together and live as a family unit but without the formality of marriage can also enter into binding agreements which set out their rights and responsibilities on separation.

What does the Agreement need to contain?

The agreement must be in writing, signed by both parties and have a certificate signed by a legal practitioner for each party stating they have been independently advised on the effects of the agreement, its advantages and disadvantages and whether the agreement is prudent and fair. Full disclosure of each party’s assets and liabilities must be made.

Can an Agreement be set aside by the Family Court?

A court can set aside any of the above agreements if:

1. The agreement was obtained by fraud;
2. The formal requirements were not fulfilled;
3. It is impracticable for the agreement to be carried out;
4. Since the agreement was made, a material change in circumstances has occurred; e.g. a child of the relationship has been born, or has contracted a chronic illness, and, as a result, one of the parties to the agreement would suffer hardship if the agreement was enforced.
5. A party to the agreement has engaged in unconscionable conduct in the development of the agreement; e.g. producing the agreement for signing on the wedding day.

Contact Maleny Law for their assistance with arranging an agreement to suit your particular requirements.