De Facto Relationship – Andrews Family Law

What Is Prenup? (The Importance of Prenuptial Agreement in Australia)

Peter Andrews — Mon, 03 Jun 2024 05:12:41 +0000

No one enters into a marriage or partnership expecting it to fail. However, no one buys health or home insurance expecting to fall ill or experience a break, yet most people do the latter without question.

This article will explain what a prenup is, and how creating a prenup or binding financial agreement in Australian law can help you outline clear expectations with your partner about the division of assets.

Key takeaways

Prenuptial agreements, commonly known as prenups, are legally binding documents that establish a framework for asset division in case of separation or divorce.
It is important to clarify that prenuptial agreements are not exclusive to the financially affluent. Rather, they can serve as practical tools that benefit couples from a variety of financial backgrounds.
For a prenup to be legally binding, it must meet certain conditions, including full disclosure of each party’s financial situation.
By specifying asset division in advance, prenups help avoid lengthy and expensive legal disputes during divorce proceedings, making the separation process smoother and more amicable.
Prenuptial agreements encourage open communication about financial matters between partners, fostering a healthier, more transparent relationship foundation.

What Is Prenup (Prenup Agreement)?

A prenup or prenuptial agreement is a legally binding document under the Family Law Act 1975 that protects each party’s pre-marital or pre-relationship assets.

A prenup agreement is a legal log of each party’s assets and liabilities before entering the relationship. It then outlines how these assets may be divided in separation or divorce. To make the agreement legally binding, it must satisfy the following criteria;

Each party is to disclose their financial position, including assets and debts, fully;
The agreement must be put in writing;
Each party must have independent legal counsel before signing the agreement;
Each party must sign the agreement willingly.

Do Prenups Exist in Australia?

Yes, prenups exist under Australian law and are called binding financial agreements. They can apply to both married and de facto relationships and essentially exclude the Family Law Act from having any say in deciding how to divide assets and liabilities in case of a relationship breakdown.

Learn more: What Is a Binding Financial Agreement?

Common Misconceptions About Prenuptial Agreements

Prenuptial agreements are often misunderstood. Many believe it is only necessary for the wealthy to signal a lack of trust or anticipate marriage failure.

However, prenups are practical tools that can benefit all couples, regardless of their financial status. It is like insurance, protecting the interests of both parties and creating a solid foundation for the relationship by fostering open communication about finances.

Prenups provide clarity and security for the future, and they are not about anticipating negative outcomes but about preparing responsibly for any eventuality. It can ensure peace of mind and strengthen the bond between partners.

Who Can Get a Prenup?

While prenups are usually associated with marriage, they can also be created for de facto relationships and apply to both heterosexual and same-sex couples. In other words, anyone can enter a binding financial agreement, provided both parties willingly agree to and sign the deal.

It’s also important to know that a couple can enter into a binding financial agreement at any stage of their relationship, including before getting married or entering a de facto relationship, during the relationship, and even after the relationship has ended, which is called a financial separation agreement.

Prenuptial Agreements Requirements

To make a prenuptial agreement legally binding, several requirements must be satisfied.

These include;

Both you and your partner must receive independent legal advice from separate lawyers before signing the agreement. This advice must outline your specific rights as well as the advantages and disadvantages of signing the contract;
The agreement must be signed by both you and your partner in the presence of each of your lawyers;
The legal advice given to each party must come from a solicitor who is currently admitted to legal practice in Australia and
Each respective lawyer must provide a signed statement to their client (each party, i.e. you and your partner) confirming that you each received independent legal advice.

It’s important to know that if these criteria are not met, your prenuptial agreement may not be binding and may be open to being void or challenged.

What Do Prenups Cover?

A prenuptial agreement can cover all financial aspects of each individual in the relationship, as well as shared assets and liabilities.

It can outline the separate assets, liabilities, and financial resources of each party obtained or accrued before you entered the relationship. This could include property owned, debts owed, and superannuation accrued.

It can also cover financial assets and debts acquired during the relationship, such as the family business, home or investment property, mortgages, car or personal loans. Finally, it can also govern if and what a

Benefits of Signing a Prenup

Creating and agreeing to a prenuptial agreement before entering into marriage, or at the start of a de facto relationship, allows both parties to amicably concur on how they might divide any assets should the relationship fail.

While these agreements are not always binding, they provide a legal basis for resolving property and financial disputes.

A binding financial agreement takes the guesswork out of divorce and separation proceedings by clearly stating who is entitled to what. It can also save you a lot of time and money, as if both parties disagree on who is entitled to what, the legal process can be drawn out and incur more significant fees or even court proceedings.

Some reasons you should consider entering a binding financial agreement:

A prenup allows you to protect your valuable assets, which is especially important when there is a significant difference in income or ownership of personal assets;
The agreement is not set in stone. You and your partner can agree to change or cancel a contract at any time;
The agreement can save significant time and money, with the division of assets finalised quickly in the event of separation or divorce;

To know more about the benefits of prenuptial agreements, check out our blog here.

Disadvantages of Signing a Prenup

In a relationship where one party earns significantly more than the other or does not work (a stay-at-home parent, for example), it’s essential to ensure that the prenuptial agreement outlines the value of what the non-working partner brings to the relationship or family.

The time spent caring for children, for example, is a significant contribution that needs to be included when considering the division of assets or the payment of spousal maintenance in a prenuptial agreement.

If a contract does not consider this, you may be disadvantaged if you do not receive what you believe you may be entitled to.

This is why it is imperative to seek the advice of an experienced family lawyer to help you understand what you may need to have included in the agreement.

What Do I Need to Consider Before Entering a Prenuptial Agreement?

There are several things to consider before committing to a prenup.

Firstly, you need to consider how you are planning for the future. It’s important to remember that if a relationship never breaks down, a prenup never gets enforced.

By entering into a binding financial agreement, you and your partner prepare for the worst-case scenario without the emotion or stress of doing it during a breakup.

It’s essential to seek legal advice to discuss your situation because, if completed correctly, these agreements prevent the court from stepping in to divide your assets.

How To Arrange a Prenuptial Agreement

To make a prenuptial agreement legally binding, it must adhere to strict technical requirements and, therefore, be prepared by an experienced family lawyer.

How Much Does a Prenuptial Agreement Cost?

There is no fixed price for filing a binding financial agreement in Australia, as it is prepared and reviewed by a second independent lawyer.

Discover: 3 Reasons Why You Should Hire a Family Lawyer in Brisbane

Are Prenuptial Agreements Always Binding?

It’s important to understand that prenuptial agreements are not set in stone. There are several reasons a prenuptial agreement may be voided, so it’s essential to seek the advice of an experienced family lawyer to understand the risk of this in your situation and how this may be avoided.

Some reasons an agreement may be immediately voided include;

The agreement is found to be fraudulent (which could happen if you or your partner intentionally fail to disclose financial information);
Legal or technical requirements are not met, such as independent legal advice not received by one or both parties;
You or your partner were pressured into signing the agreement;
The agreement cannot be practically fulfilled.

How are Prenups Enforced?

Due to the nature of a prenuptial agreement being a legally binding document, it essentially removes the Family Court from having a say in the division of your assets.

If you wish to dispute the agreement, you must seek legal counsel, and the matter will be taken to court. However, this does not guarantee it will be heard, let alone thriving.

Conclusion

A prenuptial agreement is a legal contract that defines how shared assets and debts will be divided in the event of a couple’s separation. It is not solely intended for affluent individuals but is recommended for all couples.

To ensure enforceability, strict legal requirements must be met. By predefining asset allocation, prenuptial agreements help avoid legal disputes and foster transparency and mutual comprehension between partners.

It is a practical measure to secure one’s financial future and strengthen the relationship.

If you need assistance with family law matters, Andrews Family Lawyers can help.

What Is a De Facto Relationship in Australian Law? (Know Your Status and Rights)

Peter Andrews — Sun, 02 Jun 2024 19:14:37 +0000

Modern families come in all different shapes and sizes and vary from those just a generation ago when the majority of homes consisted of heterosexual marriage. As a result, the definition of spousal relationships according to Australian law has changed.

Today, couples in a de facto relationship have essentially the same rights as those in a marriage regarding financial and property settlement, dispute resolution, maintenance and parenting arrangements for children, provided a de facto relationship existed under the legal criteria.

What is De Facto Relationship?

A de facto relationship, whether heterosexual or same sex, is outlined in Australia by the Family Law Act 1975. It requires two people over 18 with a married relationship to live together on a genuine domestic basis.

The relationship is not defined as de facto if the couple is legally married or is in any way related to one another.

The law is in place to protect the increasing number of couples who cohabit without entering into marriage, sometimes for life.

How De Facto Relationships are Determined Legally?

There can be confusion around whether or not your relationship is classified as a genuine de facto because different government departments use the definition in varying ways.

Centrelink, for example, classifies a relationship as de facto as soon as a couple begins living together. Under migration law in Australia, however, a couple is classified de facto when they can prove to have lived together for at least 12 months.

When it comes to dealing with the Family Law Act following a relationship breakdown, there are a few criteria you can use to determine whether or not your relationship is classified as a de facto one. This will help you understand what your rights may be when it comes to financial and property settlement, maintenance, or rights to children.

The Court will evaluate the following criteria to classify a relationship as de facto. However, it is essential to remember that not all of these criteria must be satisfied to classify a relationship status as de facto.

The couple had a genuine romantic relationship, living together for at least two years.
There are children of the de facto relationship
The degree of financial aspects dependence between the parties
The degree of mutual commitment towards a shared life
Ownership, use and acquisition of property between the parties

It is also essential to understand that a de facto relationship may exist, even if one of the parties is legally married to another person or in a de facto relationship with another person.

Find Out: What Is a Binding Financial Agreement?

De Facto Vs Marriage (What is the Difference Between Them?)

Marriage is defined under Australian law by the Marriage Act 1961 and the Marriage Amendment Act 2017. It is defined as the union of two people, to the exclusion of all others, voluntarily entered into for life.

A de facto relationship, while not binding for life according to the law, often carries a similar weight regarding relationship breakdown, division of assets, and care of children.

While a married couple can prove their relationship by simply producing their marriage certificate, a de facto couple is often required to verify the genuine nature of their relationship, which can make this process more complicated.

When entering into a de facto relationship, it is essential to consider the legal and financial implications of this. You’ve likely heard of a “prenup” before. However, you might not know that they are also available under Australian law to de facto couples, not just couples entering into marriage.

De Facto Separation

In the event of a de facto relationship breakdown, it’s essential first to know that there is a time limit on claiming a de facto relationship under Australian law. You have two years from when the relationship ends to initiate court proceedings.

If you wish to claim after these two years, you must first seek permission from the Court. If this is the case, contact us to seek independent legal advice from an experienced lawyer to help guide you through this process.

Suppose your relationship ended after March 2009 and meets at least one of the above criteria to classify it as de facto. In that case, you can file a claim in the Family Court or Federal Circuit Court to begin the process of asset division, childcare arrangements, and financial dispute resolution.

The Court deals with de facto couple claims in the same way it would with married couple claims, so to apply, you must complete the same forms a married couple would begin the process.

De Facto Property Settlement

Much like when a married couple separates, if your de facto relationship ends, you can make a claim to divide financial assets and property between you and your former de facto partner.

As with married couples, you are not automatically entitled to a 50/50 split of assets. We will assess several criteria with you to determine what you may be entitled to, how long the process may take and the costs involved. We will consider the following:

What assets do the two parties have, either together or individually, including property, shares, bank accounts, partnership in a business, extended service leave;
The liabilities the parties have, including credit card debt, mortgages, tax implications, personal loans;
What contributions does each partner make to the relationship, including financial and non-financial, such as being the primary caregiver of children in the relationship and
The future needs of each party, including caregiving of children and financial markets.

Conclusion

Couples who live together without getting married are in a de facto relationship. They have similar legal rights to married couples, especially regarding property, parenting, and financial support.

However, to be considered de facto under Australian law, they must meet certain criteria. It’s important for couples to know their legal rights and consider formalising their relationship with a Binding Financial Agreement.

If you’re in a de facto relationship or considering one, it’s best to seek advice from family law experts to ensure your relationship is recognised by law and your rights are protected.

If you need assistance with family law matters, Andrews Family Lawyers can help.

What Is a Consent Order? (Why It’s Useful for Family Law Matters)

Peter Andrews — Wed, 15 May 2024 15:42:30 +0000

Dealing with family law disputes can be challenging, and consent orders can be a helpful solution. But what is a consent order?

This guide will give you the basics to move forward and address your legal matters effectively and confidently.

What is a Consent Order?

A consent order is a legally binding agreement the court approves to formalise matters related to property settlements, parenting arrangements, or spousal maintenance following separation or divorce.

By agreeing to the terms and conditions of the order outside of litigation, parties can avoid lengthy court battles, reduce costs, and maintain greater control over the outcomes of their disputes.

A clear understanding of a consent order and how it fits into the process of resolving family law disputes can help reduce the stress and uncertainties associated with such proceedings.

The Legal Framework for Consent Orders

Understanding the legislative foundations governing consent orders and their role in family law dispute resolution processes:

1. Family Law Act 1975

Consent orders are governed by the Family Law Act 1975, granting courts the authority to make orders with the parties’ agreement regarding children, property, or spousal maintenance matters.

2. Court approval

Although the terms of a consent order are agreed upon by the parties involved, the order must be submitted to and approved by the court to become legally binding.

3. Legally binding

Once the court approves, consent orders have the same legal effect as court-imposed orders, meaning both parties must adhere to the agreed-upon terms or face potential legal consequences.

The Benefits of Consent Orders

Exploring the advantages of pursuing a consent order as opposed to engaging in potentially protracted litigation:

1. Cost savings

Consent orders can save parties substantial legal costs by avoiding court appearances and lengthy negotiations associated with litigation.

2. Time efficiency

As the parties agree upon the terms of the consent order, they can significantly reduce the time spent resolving their disputes compared to going through the court process.

3. Control over outcomes

Consenting parties can shape the terms of the agreement to suit their specific needs and circumstances, maintaining greater control over the outcome instead of relying on an imposed court decision.

4. Reduced conflict

Consent orders encourage cooperation and communication between parties, promoting a more amicable resolution and minimising conflict during the dispute resolution process.

Find out: Consent Orders Vs Binding Financial Agreements: Which is the Best for You?

The Process of Obtaining a Consent Order

An overview of the steps involved in drafting, negotiating, and lodging a consent order with the court:

Step 1: Negotiation and agreement

The parties must first negotiate and agree upon the terms of their consent order, often with the assistance of their respective legal representatives or through alternative dispute resolution methods such as mediation.

Step 2: Drafting the consent order

Once the terms have been agreed upon, consent orders must be drafted clearly and legally enforceable, typically by qualified legal practitioners.

Step 3: Lodging the consent order

Consent orders must be submitted to the court for approval and a signed Application for Consent Orders document. Parties should also include any supporting documents or evidence that may be relevant to their application.

Step 4: Court approval

Once lodged, the court will review the consent order to ensure the terms are just and equitable in property matters or the child’s best interests regarding parenting arrangements. If satisfied, the court will approve and legally bind the consent order.

When Consent Orders May Not Be Appropriate?

Recognising specific circumstances where consent orders may not be the best option for resolving disputes:

1. High levels of conflict

Consent orders rely on agreement and cooperation between the parties. In highly acrimonious disputes, where communication has broken down, reaching an agreement may be challenging or impossible.

2. Domestic violence or abuse

In situations where there has been domestic violence or abuse, consent orders may not adequately protect the victim, and court intervention may be necessary to ensure their safety.

3. History of non-compliance

If one party has a history of non-compliance with previous orders or agreements, consent orders may not provide sufficient enforcement mechanisms, and litigation may be more appropriate.

Conclusion

Consent orders can be a powerful tool for resolving family law disputes more amicably and efficiently, while empowering the parties involved to take control of their outcomes.

By understanding the legal framework, recognising the benefits, and following best practices on the consent order application process, you can effectively navigate the family law dispute resolution process and protect your interests.

If you want advice with consent orders, Andrews Family Lawyers can help.

Consent Orders vs. Binding Financial Agreements: Deciding the Best Approach for You

What Is the True Meaning of Separation in Australia? (Updated Guide)

Peter Andrews — Wed, 28 Feb 2024 03:00:30 +0000

Dealing with separation in Australia can be a difficult and emotional process, especially when it involves children, financial assets, or domestic violence.

This blog serves as a guide to help you understand the legal procedures and available support during this challenging time. We aim to simplify the process by clarifying your rights and obligations and assisting you in making immediate decisions regarding finances and children.

The Separation Process In Australia

Under Australian law, whether a couple is married or de facto, the separation process is much the same. There is no set legal process to separate, in that you do not need to apply to a court or a government organisation to get a separation. There is no certificate for a break, as there is for divorce.

There are some immediate decisions you need to make around finances and children, if there are any, from the relationship. You do not need to make long-term decisions immediately; however, reaching temporary agreements will make the process easier for you and your family.

Some things you should consider or action immediately:

Decide where your children will live and who will take care of them
Discuss how you and your former partner will financially support yourselves and your children
Make arrangements for how bills, including rent or mortgage, as well as outstanding debts, will be paid
Decide who will stay in the family home
Advise government organisations that you have separated, including Medicare, Centrelink and the Child Support Agency.
Advise your bank, insurance providers and superannuation fund that you have separated, and make arrangements for joint bank accounts.
Share with your family and friends that you have separated

Notifying the above agencies and institutions of your separation will be important when it comes to applying for a divorce if you are married, for the division of assets, or if you continue to live under one roof to prove your separation in the future.

To know the difference between divorce and separation, check out our blog here.

Ending a Marriage

There are two stages to ending a marriage: the first is marriage separation, and the second is divorce.

In Australia, marriage is defined under Australian law by the Marriage Act 1961 and the Marriage Amendment Act 2017 as the union of two people, to the exclusion of all others, voluntarily entered into for life. When separation occurs, following the steps outlined in the section above is essential to notify the government agencies and institutions relevant to your break.

Any married couple can separate. However, specific criteria must be fulfilled before you can apply for a divorce, including but not limited to your legal right to live in Australia, and you must have been separated for at least 12 months and one day. The divorce application process is pretty straightforward, and you do not need to go to court in most circumstances.

A divorce, however, does not finalise arrangements regarding the division of property, financial assets, or parenting agreements. You can read more information about these further down this page.

If you are unsure what to do to solidify your separation, we are here to help. As experienced family lawyers, we can help you understand what you do and don’t need to do to make the process as simple and stress-free as possible. Contact us!

Ending a De Facto Relationship

First, what defines a de facto relationship?

A de facto relationship, both heterosexual or same-sex, is outlined in Australia by the Family Law Act 1975. It requires two people at least 18 years old with a married relationship to live together on a genuine domestic basis. The relationship is not defined as de facto if the couple is legally married or is in any way related to one another.

In Australia, the court deals with de facto relationship separation claims in much the same way it would with a married separation claim, particularly regarding the division of assets and parental duties. This means to apply; you must complete the same forms a married couple would to begin the process.

That said, while a married couple has their marriage certificate to prove their relationship, it may be more complicated for a de facto couple, as they are often required to verify the genuine nature of their relationship before they can apply for a separation.

For many de facto couples, however, if no financial assets or children are involved, a legal separation may not necessarily be required. If you are unsure whether or not you need to apply for a break, contact us, and we can help you understand the circumstances of your situation in an obligation-free consultation.

Suppose you need to apply for a separation. In that case, it’s essential to know that there is a time limit on claiming a de facto relationship under Australian law: you have two years from when the relationship ends to initiate court proceedings. If you wish to claim after this period, you must first seek the court’s permission.

For a complete guide about de facto relationships, check this blog.

If you need help with issues related to family law matters, Contact Andrews Family Lawyers to schedule a FREE consultation.

Family and Property Complications

While the process of separating and filing for a divorce is legally relatively straightforward, many circumstances may cause complications, including domestic violence, parenting arrangements and the division of assets. In each of these cases, it is essential to understand your rights and obligations.

Leaving the Family Home

In most cases of separation, you and your partner can decide who leaves the home and who stays, if anyone. If you cannot amicably resolve who goes to the house, or your partner refuses to discuss an outcome with you, you can apply to the court for a sole use and occupation order, which forces one person to leave. This order is only made in exceptional circumstances.

If you have experienced domestic violence, you can also apply to the court for a domestic violence protection order, which forces the other person to leave your home.

It’s important to understand that if you and your partner jointly own the home, if you leave, either by choice or are ordered to go under a court order, this does not change any rights to possession of the house or your possessions. If a domestic violence protection order is taken out against you, and it says you must not be at your home, you must leave.

Regardless of the circumstances, if you leave your home, you are legally allowed to take any possessions you own individually. You should always carry personal documents with you, such as:

Passports and other unique identification such as birth certificates and your driver’s licence
Financial statements such as tax returns and bank statements
Credit and debit cards, bank and chequebooks
Marriage certificate
Items you and your children may need if they are leaving with you
Items with sentimental value

Supporting Your Children in Separation

Separation is often a distressing time for children, so it’s essential to consider the best outcome for children when making decisions about custody and parenting arrangements.

Children will each react differently to a separation, and emotions can range from anger to sadness to feeling guilt for the break. PIt’sarents must understand that the age of their children, as well as their behaviour, can have an impact on children, including the level of cooperation or conflict between them and their former partner.

Reassuring your children that they are loved and encouraging them to maintain positive relationships with both parents as well as extended family will help them to adapt more quickly to changes. You should also remember that if you can accept and deal with the separation, you will be better able to support your child through the process as well.

Negotiation of Living Arrangements for Children

There is no one-size-fits-all regarding living and parenting arrangements after separation because every family is different. The working hours and income of each parent, suitable living arrangements and ability to provide a safe environment for children are critical to consider when making decisions about children in separation. You should consider:

How old are your children, as arrangements that suit a ten-year-old may not necessarily be suitable for a two-year-old
What is the most practical arrangement for your children, whether that is to spend equal time with each parent or substantial and significant time with one parent (such as weekends and holidays)
Establishing a routine is important for providing stability and security while encouraging the need to be flexible is also essential should circumstances change
Providing ample notice if you want to change the routine for both your former partner and your children
Any time they will spend with other family members, such as grandparents
Who is responsible for making decisions on things such as what school they will attend, health care, sports, religious matters, and where they will spend school holidays

Considering all of these aspects of your children’s lives can be overwhelming, which is why we are here to help. Our experienced family lawyers can help you understand your requirements and rights, manage child support arrangements and parenting dispute resolution, and guide you to provide the best possible outcome for your children.

If you need help with issues related to supporting your children in a separation or other family law matters, Contact Andrews Family Lawyers to schedule a FREE consultation.

Division of Assets in a Separation

The division of assets will differ from couple to couple, and many factors need to be considered in this process. Contrary to popular belief, each party is not automatically entitled to 50 per cent of the wealth.

Factors that need to be considered could include but are not limited to, the existence or not of a “prenup” or binding financial agreement, the income of each party in the relationship, assets owned together and separately, liabilities such as home loans and credit card debt, and contributions made to the association by each party. It’s important to understand that donations can be financial and non-financial, such as being the primary caregiver to children.

For information about the property settlement process when courts are involved, consult our article Division of assets for a Divorce.

There is a four-step property financial settlement process we take you through to determine legally who is entitled to what, how to claim what you are entitled to, and the probable legal costs involved to settle your case quickly and correctly. It’s also important to know that time limits apply to property settlements, so you should begin this process as soon as possible.

In many cases, couples can resolve their property and financial settlements with a financial agreement outside of court. If both parties cannot agree on the division of assets, or there is unfair bargaining power for one party, it is recommended that a consent order is filed in court.

Regardless of whether you believe you and your former partner can resolve the division of assets amicably, seeking independent legal advice from an experienced family lawyer ensures you get the best outcome possible.

Physical and Mental Health Considerations

Separation and the division of assets don’t only come down to the past and present; each party’s future needs are also considered. Whether you have experienced domestic violence or are concerned for your physical, mental or financial future, we are here to help.

When to Obtain Additional Support and Legal Advice

It’s essential to obtain independent legal advice if any of the following circumstances apply to you:

You have experienced domestic violence and are thinking about applying for a domestic violence protection order
You are considering applying for a sole use and occupation order to force your partner out of your family home
You want to protect your finances and property from your partner after separation, or you do not trust your partner with savings accounts or property.
Children are involved, and you want to understand how separation will impact parenting arrangements, child support or spousal maintenance.
You want to understand how separation will impact joint bank accounts, joint debts, superannuation, property and your will (or lack thereof)

If you need help with issues related to family law, Contact Andrews Family Lawyers to schedule a FREE consultation.

De Facto Relationship – Andrews Family Law

What Is Prenup? (The Importance of Prenuptial Agreement in Australia)

Key takeaways

What Is Prenup (Prenup Agreement)?

Do Prenups Exist in Australia?

Common Misconceptions About Prenuptial Agreements

Who Can Get a Prenup?

Prenuptial Agreements Requirements

What Do Prenups Cover?

Benefits of Signing a Prenup

Disadvantages of Signing a Prenup

What Do I Need to Consider Before Entering a Prenuptial Agreement?

How To Arrange a Prenuptial Agreement

How Much Does a Prenuptial Agreement Cost?

Are Prenuptial Agreements Always Binding?

How are Prenups Enforced?

Conclusion

Related Articles

What Is a De Facto Relationship in Australian Law? (Know Your Status and Rights)

What is De Facto Relationship?

How De Facto Relationships are Determined Legally?

De Facto Vs Marriage (What is the Difference Between Them?)

De Facto Separation

De Facto Property Settlement

Conclusion

Related Articles

What Is a Consent Order? (Why It’s Useful for Family Law Matters)

What is a Consent Order?

The Legal Framework for Consent Orders

1. Family Law Act 1975

2. Court approval

3. Legally binding

The Benefits of Consent Orders

1. Cost savings

2. Time efficiency

3. Control over outcomes

4. Reduced conflict

The Process of Obtaining a Consent Order

Step 1: Negotiation and agreement

Step 2: Drafting the consent order

Step 3: Lodging the consent order

Step 4: Court approval

When Consent Orders May Not Be Appropriate?

1. High levels of conflict

2. Domestic violence or abuse

3. History of non-compliance

Conclusion

Related Articles

What Is the True Meaning of Separation in Australia? (Updated Guide)

The Separation Process In Australia

Ending a Marriage

Ending a De Facto Relationship

Family and Property Complications

Leaving the Family Home

Supporting Your Children in Separation

Negotiation of Living Arrangements for Children

Division of Assets in a Separation

Physical and Mental Health Considerations

When to Obtain Additional Support and Legal Advice

Related Articles