The Family Law Act 1975 provides for parties to a marriage or de facto relationship to enter into a binding legal agreement about the financial arrangements should their marriage or de facto relationship break down. Financial agreements can be utilised to clarify the financial arrangements between couples either prior to, during, or post a relationship. Financial agreements prior to relationships are commonly known as "pre-nuptial agreements."
The intention of these agreements is that they are binding on either party and they abrogate the right of the court to intervene in cases. However, these agreements are not always necessarily binding, and it may be the case that if you have entered into such an "agreement" in the past that it is not actually binding on you. We have acted on behalf of clients who have been involved in signing such agreements that we did not think were binding and obtained results for our clients seperate to which was set out in the agreement.
In order for a Financial Agreement to be binding and enforceable, both parties are required to seek independent legal advice. In particular this advice must cover how the agreement will affect the party's rights and the advantages and disadvantages of the agreement. Brendan Rothschild Legal Group has expertise in preparing Binding Financial Agreements and providing experienced advice to clients regarding their best interests.