When to Use this Agreement
Any couple intending to marry, who wish to define their respective property rights and liabilities in the event of a relationship breakdown or the death of a partner.
The Prenup becomes a legal expression of the intent of the couple, who wish their property to be divided by a different means to that determined by a court of law.
Your rights and obligations can be spelled out in writing, eliminating the burden of uncertainty. It is a sure sign of the strength and determination of a couple when they can honestly discuss the practical and unromantic aspects of their relationship at a time when they are planning the rest of their lives together.
See also Cohabitation Agreement - If you are not intending to get married you can still make a binding financial agreement under s90UB or s90UC.
This comprehensive Binding Pre Nuptial Financial Agreement Kit has been drafted to comply with section 90B of the Family Law Act 1975 and provides all the guidance you need to create a legally binding, protective Prenup.
- the Prenuptual Binding Financial Agreement
- an easy-to-follow instruction manual
- sample agreement and several sample clauses to assist you in drafting your own professional agreement.
Important note: The Family Law Act requires each party to receive independent legal advice before signing the agreement. This ensures both parties fully comprehend their rights before entering the agreement and prevents misunderstandings.
The Contract includes the following provisions -
- The Separate property of the husband
- The separate property of the wife
- Jointly owned property of the spouses
- Property accumulated during the marriage
- Property of the children of the marriage
- Property rights of children of prior marriages
- Distribution of property on dissolution of the marriage
- Amendments to the agreement
- Governing Law
View Sample Document
Your financial agreement kit includes a comprehensive manual that explains the law as it applies to this agreement. It will show you in simple terms how to thoroughly cover important legal requirements, and how to complete your agreement in detail. In addition, it contains alternative legal clauses and provisions you can use to personalise your agreement.
Prenuptial Agreement Kit available for immediate download