Withstand Lawyers is a family law firm located in Sydney composed of a team of family law experts in drafting prenuptial agreements. Withstand Lawyers focuses on your needs to deliver top-of-the-line and friendly advice as you need it.
The breakdown of relationships is always a stressful event in the life of any person. In most cases, efforts to reconcile prove futile when the feelings are gone.
When relationships (whether by marriage or a de facto arrangement) fall apart, several complications that affect the relationship ensue. Almost automatically, matters that bear upon the financial state of the parties spring up seeking to be addressed with utmost care and sensitivity.
Would you believe that the best way to prevent any financial disagreement when separation happens is the preventative approach? Given the right advice from a legal expert, it is desirable to have a prenuptial or financial agreement in place before getting married or entering a de facto relationship.
Having a prior agreement is in fact one of the safeguards that you can set up to minimise the risk of future disagreement in the case of separation, regardless of what type of relationship it is.
The Pre-nuptial Agreement
The term pre-nuptial agreement means a financial agreement that parties before a marriage or a de-facto relationship can enter into. It also subsumes those agreements entered into by parties while the marriage is in effect, while the de facto relationship subsists and even after the relationship ends.
What are the usual provisions in a Financial Agreement? Simply stated, the agreement can provide for what will happen to each of the parties’ properties, as well as their financial assets, liabilities, and superannuation should they eventually separate.
As stated above, pre-nuptial agreement is a financial agreement that couples deciding to get married set up to safeguard their property rights and current assets during the marriage and when the relationship is ends. Pre-nuptial agreements are made under the Family Law Act which provides the guidelines for the preparation, execution and enforcement of the same.
Your Lawyer Can Explain Financial Agreements To You
Generally, the aim of such agreements is to take into consideration all of the circumstances of the parties at the time the agreement is signed, and contemplates future events that can be reasonably ascertained. The typical provisions of a pre-nuptial agreement are
- How assets will be dealt with, which includes provisions for the proceeds of particular assets, gifts, inherited properties and other income streams received during the time of the relationship.
- What the partners or parties suggest in the matter of dealing with assets, whether joint or separate, in the even the relationship terminates.
Sadly, there are cases when though a pre-nuptial agreement or any financial agreement for that matter was entered into, it was declared non-binding or set aside by the court.
Fortunately, there is a way to prevent an agreement from being set-aside or declared non-binding.
Needed: Financial Agreement Family Lawyers
It is very important to secure the services of a law firm that specialises in the preparation of financial agreements that will be declared binding by the court. Not only should an agreement have the elements necessary to bind the parties, but it also must clearly reflect the needs and preferences of the people who are signing the same.
Extensive experience in the preparation of financial agreements cannot be overemphasized. Anyone seeking to enter into a financial agreement must go to a family lawyer so they could have a firm grasp of the legal implications. Likewise, a lot of care in the composition of the agreement and meticulous attention to detail are necessary to secure its enforceability at any time.
Withstand Lawyers know you don’t want anyone to end up in court because you failed to safeguard your property in Sydney and elsewhere. At Withstand Lawyers, some of the best NSW lawyers will guide you through the intricacies of the drafting process to make sure your pre-nuptial or financial agreement is binding and not set aside by the court. Call us today.