Prenuptial and de facto financial agreements
Increasingly, we are seeing couples wishing to maintain their own financial independence and security when embarking on a new relationship, or moving into the next phase of a current relationship. Further, couples are looking to bed down what will happen to their assets and ongoing financial affairs should they separate in future.
If you are in this position, we can assist you to put in place a formal agreement that can be relied upon down the track, thereby providing you a level of comfort that you have minimised the possibility of an expensive Court battle, and the associated emotional strain, in the event of a separation.
We can draft a financial agreement for you if you are, for example:
→ Planning to get married
→ Entering a de facto relationship
→ Already married or in a de facto relationship, but wish to agree now on what will happen to your respective financial circumstances should you separate in the future.
Financial agreements can be useful if:
→ You wish to quarantine/protect an inheritance or gift from a family member from any future claim by a partner
→ Wish to quarantine/protect an interest in a family business from any future claim by a partner
→ There are significant differences between what you and your partner are each bringing or have brought to the relationship
→ You have been married before and have children to that previous relationship for whom you need to protect future inheritances.
Financial agreements are complicated documents that require careful consideration and drafting, sometimes in parallel with advice from commercial lawyers, succession lawyers, and taxation and financial specialists.
Each party must receive their own independent legal advice prior to entering into a financial agreement.
If you wish to explore your options to have a financial agreement prepared, or receive advice in respect of an agreement already drafted, we encourage you to reach out to discuss your circumstances with us.Contact us