Prenup Lawyers Brisbane

No-one likes to enter a marriage or de facto relationship with the expectation of it failing. However, with more than 30% of all marriages in Australia ending in divorce, it seems only prudent to be prepared. To protect yourself and your property, legal experts suggest signing a prenuptial agreement, also known as a Binding Financial Agreement or BFA.

We understand that preparing and signing a prenup can be a sensitive issue. However, a prenuptial agreement (BFA) could become an important part of your personal and financial future. Deciding how your assets and debts will be divided across both parties in the event of a separation or divorce can be a challenging issue, but the expert prenup lawyers of Collective Family Law are always prepared to help negotiate and draft a Binding Financial Agreement that suits your individual circumstances.

Prenuptial agreements simply make sense

A prenup (BFA) is a legally binding way to protect your pre-marital assets when you enter into a marriage, that logs the assets and debts of each party and details how these assets and debts will be divided in the event of a separation. This includes both married and de facto partnerships. Any assets that either party owns can be defined and protected in the Binding Financial Agreement.

Some of the most common types of property listed in a Binding Financial Agreement include:

  • Cash savings
  • Family property or heirlooms
  • Businesses
  • Property and real estate
  • Land
  • Superannuation
  • Shares
  • Future inheritance
  • Digital currency
Why you need a prenuptial agreement

Only a small percentage of married or de-facto couples enter into prenuptial agreements. But with a 30% divorce rate, many Australians should consider having a contract in place to protect both partners. Entering a prenuptial agreement is one way to protect your assets and save on expensive legal costs in the event of a separation.

Prenuptial agreements are an excellent method of protecting your assets in case of an unforeseen divorce or separation. Prenuptial agreements are not always 100% set in stone. Therefore it is important to speak to a reputable family lawyer that can limit the reasons a prenup can be voided, so you have the most protection possible available to you.

There are many things to be gained from a binding prenuptial agreement, such as:

  • The protection of important heirlooms
  • Avoids expensive separation and divorce proceedings
  • Smooths the separation process
  • Avoiding excessive post-marital legal fees
  • Eliminates guesswork and uncertainty
  • Designed to produce a fair resolution that the parties have agreed on ahead of time

For modern Australian couples, prenuptial agreements simply make sense.

Prenuptial agreements in a court of law

For a prenup to be legally binding in Australia, it will need to comply with strict criteria — otherwise it may be set aside by the Federal Circuit and Family Court of Australia. An important part of that process is that both parties receive detailed independent legal advice. If the agreement is voided, your property settlement is to be determined in accordance with the principles of the Family Law Act through the court. Each relationship has unique financial considerations, and will result in a different monetary split depending on said factors.

Collective Family Lawyers has the prenup lawyers you need

Collective Family Law understands that divorce and separation can be an anxious, worrisome, and emotionally distressing time. To prevent yourself from being blindsided by unexpected circumstances, our family lawyers recommend court-proofing your agreements with trained and experienced legal counsel.

Offering highly qualified prenup lawyers in Brisbane, Collective Family Law is prepared to help you draft, support, and execute prenuptial agreements (BFA) at a time convenient to you. Get in touch with our lawyers today to schedule an initial consultation, or complete the online contact form to be directed to the appropriate team member. We are standing by to serve you in whatever capacity we can.

FAQs

Prenuptial agreements (BFA’s) are signed contracts that outline how the assets of the parties and liabilities are to be distributed after a separation, should one occur. This typically includes physical assets (vehicles, boats and property) and financial assets (accounts, superannuation funds, shares and investments). However, prenuptial agreements can also be created that deal only with financial matters.

The process of legally defining property rights before partnership is applicable to just about anyone. Couples with a significant income disparity or sensitive personal property may find prenuptial agreements even more useful. If divorce or separation occurs, the signed agreement will outline the property settlement that is to take place with clarity, certainty, and ease.

Although prenups are legally binding documents, they can still be contested under some circumstances. In these instances, these contracts can be voided by the court, rendering them useless. For this reason, it’s vital to speak with a prenup lawyer before finalising your agreement.

Although there is no way to completely avoid prenuptial conflict, there are some steps you can take to make your prenup as valid as possible. Be sure to completely disclose your financial standing, and have a signed written copy available for review. Additional guidelines are listed in the Australian 1975 Family Act.

Not all separations and divorces go as planned. Working hand in hand with a prenup lawyer, it is possible to apply for your prenuptial agreement to be set aside by the Federal Circuit and Family Court of Australia in particular circumstances. Bear in mind that this is not a guaranteed outcome, and it may vary according to the agreement, couple, and circumstances in question.

You and your partner cannot enter into a prenup without obtaining independent legal advice. At Collective Family Law, we do everything in our power to facilitate a smoother separation. Our prenup lawyers in Brisbane are worth consulting before entering a new marriage or de facto relationship, eliminating unnecessary guesswork and creating a safe environment.

Every partnership and prenuptial agreement is different, requiring different levels of preparation, consultation, and legal advice. Collective Family Law Group will be upfront with you about the estimated cost that you may incur in drafting or reviewing a prenuptial agreement. Learn more about our transparent service fees before moving forward.

Priding respect, innovation, and integrity above all else, the family lawyers of Collective Family Law offer some of Brisbane’s most quality legal services. We are passionate about helping clients draft and sign an agreement that suits their lifestyle and facilitating an amicable, conflict-free separation. Request your free consultation now to speak with a prenup lawyer as quickly as possible.