Prenuptial Agreements Services in Australia

It has been possible since 2001 in Australia to enter into “Prenuptial Agreements” and agreements during the course of the marriage.

The purpose of a binding financial agreement or financial agreement is to attempt to prevent the Family Court of Australia or the Federal Magistrates Court of Australia from being able to make orders as to property when a marriage breaks down, or, put another way, to enable the parties to “contract out” of the Court resolution mechanism and the rights that parties otherwise are given under the provisions of the Family Law Act 1975.

Binding Financial Agreements or Financial Agreements are generally complex documents and are frequently changed in the Courts and are frequently found to be either not binding or, alternatively, unenforceable for a variety of reasons.

By reason of the difficulty of the complex procedural requirements to prepare a binding financial agreement and by reason of the frequency with which the Courts set aside or find such financial agreements to be non-binding, this firm does not assist parties with the drafting of binding financial agreements or financial agreements.

Critically important, Clive Mills & Associates is able to provide clients with advice in relation to prenuptial agreements or other financial agreements already entered into by a party to a marriage or a de facto relationship and to advise as to whether they are likely to be found by a Court, indeed, to be binding or enforceable.

Call us on (02) 9199 0737 to discuss your family law, property law, commercial law or family property needs.

Clive Mills Pty Ltd t/as Clive Mills & Associates – Liability limited by a scheme approved under Professional Standards Legislation ABN No. 61 118 894 787″