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Financial Agreements

  • Also known as pre-nuptial agreements
  • Can be made before, during or after a marriage or de facto relationship
  • Contract out of the jurisdiction of family courts

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Financial Agreements

Financial agreements deal with how a couple’s property and resources are to be divided if they separate. People enter into financial agreements because they want to have certainty of the financial outcome if they separate, or agree to an outcome it is unlikely a Family Court would order. We also use financial agreements when our clients agree to hold assets, liabilities or resources together with their former partner over a period of time following their separation or divorce.

For a financial agreement to be binding, each party to the agreement must have legal advice and the solicitor must sign a certificate of independent legal advice.  It is not possible for one solicitor to act for more than one party to a financial agreement. To satisfy this requirement, the solicitor must review or prepare the agreement, take detailed instructions from their client about the financial circumstances and other legal matters that are relevant to understanding the potential outcome in a separation, and provide advice to the client, prior to signing the certificate.  This process can take several weeks.

We are able to prepare financial agreements as well as reviewing them for the purposes of issuing certificates. As we want to be sure our clients aren’t under pressure to enter into pre-marriage financial agreements, we need 3 months’ notice of the wedding date.

The law surrounding financial agreements is highly technical and we take the utmost caution to make sure the agreements we prepare do as the parties intend. We encourage our clients to take financial advice, tax advice and commercial legal advice (which we can provide in house) before they sign financial agreements. With our collaborative training, we also assist our clients and their extended families or business associates negotiate financial agreements with their prospective or former spouses in a constructive way.

We are experienced in challenging and enforcing financial agreements, including in circumstances of insolvency and transactions likely to defeat claims.