Preparing for the unexpected. How Financial Agreements & Pre-Nups can help.

Get in touch.
Close

Financial Agreements & Pre Nups

Financial and prenuptial agreements can be important tools for couples to protect their financial interests and assets in the event of a separation or divorce. At Wonderley & Hall, we will help you through this process by providing tailored legal advice, drafting agreements that meet your specific needs and ensuring that the agreement is properly executed to maximise its enforceability.


In addition to being backed by an experienced team of commercial and property lawyers, our family lawyers will work with your accountant, financial planner and other advisors to ensure that any property settlement agreement is tailored to your specific circumstances to provide the best possible taxation and asset protection outcome for you.


We can also help you review and update your financial plan or prenuptial agreement as your circumstances change over time.

Frequently Asked Questions

Making the right plans for your future as a couple can be an overwhelming process. Here are some common questions we receive from clients regarding Financial Agreements & Pre-Nups:

  • How can I make sure my financial agreement is binding?

    There are a number of conditions which must be met in order for a financial agreement to be binding on both parties.  As a starting point it must be in writing and signed by both parties and the parties must either be married or in a de facto relationship, be entering into a marriage or de facto relationship or be separated or divorced.  


    As part of the process, both parties must receive independent legal advice in relation to the financial agreement and the financial agreement must include a statement to that effect along with a certificate signed by their solicitor confirming that they received independent legal advice about the advantages and disadvantages of entering into the agreement.  


    There are also specific documents which must be included in the financial agreement and which must be provided to the other party or their lawyer.  We will ensure that all the correct steps are taken so that your financial agreement is binding.  


  • Why do I need a lawyer? I agree with the terms, can’t I just sign?

    It is a legal requirement that you receive independent legal advice in relation to a financial agreement or it will not be enforceable.

  • What if I don’t like the terms of the financial agreement?

    If you have not yet signed the agreement then you can choose to have your lawyer negotiate the terms so that you are happy with them or you can simply not sign the document.  


    If you have already signed the financial agreement in a binding manner then you will need to have the original agreement overturned by the Court.  There are specific circumstances where this can occur.  Your family lawyer will be able to help you with this process.

  • Can a financial agreement deal with superannuation?

    Yes, however it must be properly prepared and otherwise meet the criteria for it to be a binding financial agreement. 

  • What sorts of things should go in a binding financial agreement?

    There is no set list of items which must be covered under a binding financial agreement.  Some things to consider include:-

    • who keeps the house; 
    • spousal maintenance; 
    • asset and liability splits; 
    • vehicle ownership and registrations; 
    • superannuation; 
    • distribution of business assets; 
    • dissolution of partnerships and dealing with other corporate entities; 
    • family trusts; and 
    • inheritances

    A binding financial agreement can also help indemnify you against future claims under the Family Law Act which means that your former spouse should not be able to come back for a second piece of the pie.

Contact Us.

To talk to a lawyer today, call us on 07 4638 1133

Contact Us

Looking for information on De facto relationships? Click here to learn more.

READ OUR LATEST POST.

Interim Hearings & Interim Orders in Children's Matters

20 Dec, 2023
Why does the Court make interim orders?

Do I Have To Send The Kids To The Other Parent If They Have Drug Or Alcohol Problems?

01 May, 2023
A lot of our clients ask this question. It is completely understandable that as parents they want to ensure their children do not spend time around things that they do not consider appropriate for children. However, what one parent considers inappropriate might be considered perfectly normal by the other.

When does a relationship become a “de facto relationship”?

01 May, 2023
In family law matters (particularly property settlement matters), it is important to determine whether you and your partner are considered to be in a de facto relationship or not. If you satisfy the criteria for a de facto relationship, then there may be various implications if you separate.
parents with a young boy and girl and the family dog

The new Federal Circuit and Family Court of Australia (FCFCOA)

01 May, 2023
The Australian Law Reform Commission report, Family Law for the Future: An Inquiry into the Family Law System was tabled in Parliament back in 2019. It contained 60 recommendations designed to improve the process and reduce the financial burden associated with filing matters in the Family Court of Australia.
Share by: