Prenuptial Agreements
Prenuptial Agreements have many benefits as they give a couple the opportunity to discuss financial matters, which are typically ignored in favor of the rosier details of their relationship. Contact us today for advice if you are considering signing one.
A Prenuptial Agreement (or “prenup”) is the colloquial term for a Binding Financial Agreement (BFA). A BFA is an agreement governed by the Family Law Act, by which spouses or a couple in a de facto relationship, record the assets they have brought to their marriage or relationship and agree how those assets will be dealt with in the event of a divorce or separation. A BFA can be signed either before the commencement of, or during the marriage or relationship.
To be binding, a BFA must comply with strict guidelines set out in the Family Law Act. A BFA must be in writing, each party must have obtained independent legal advice and have a certificate to that effect issued by their lawyer, the BFA must have been signed voluntarily, and (ii) the BFA must contain a complete disclosure of the parties’ assets and liabilities.
BFAs are not always enforceable. The courts will set aside a BFA for various reasons, which is why you need to consult an experienced family lawyer if you’re considering signing a BFA.
Why choose us?
We have a combined experience of over 40 years’ experience in advising on a variety of family law matters, including divorce and separation, custody of children and BFAs.
We understand that family law matters are delicate and that dealing with them can be an emotionally charged experience for the parties involved. We, therefore, treat all our family matters with the sensitivity they deserve and with the highest confidentiality.
Our services are competitively priced, and depending on your preference, we offer fixed fee and hourly billing options
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Our Services
We can assist you with either drafting a BFA, or, if your partner has already prepared one, reviewing the BFA on your behalf. In either case, we will also:
➝ help you to identify and draw up a comprehensive list of your assets and liabilities, as well as what you and your partner own jointly,
➝ help you to ascertain the value of your assets and debts and their possible value in the future,
➝ take into consideration, any children or your likelihood of having children,
➝ obtain details of any property you wish to preserve (e.g. inherited property), and
➝ advise you on whether or not signing the BFA is worthwhile, based on our analysis of the above.
Our Approach
Our first step is always to understand your requirements and your business, and to identify the issues that are important to you. This will help us prepare a BFA that is tailor-made for you and adequately addresses the peculiarities of your situation. We deliver our services as speedily as possible, and we maintain open communications with our clients at every stage.