Financial agreements
Financial agreements can provide clarity, certainty, and control. Whether you are entering a relationship, already in one, or resolving financial matters after separation. Our role is to help you understand what the agreement means and how it may affect your future financial position.
Before marriage
Protect assets through a private agreement before entering a committed relationship.
During a relationship
Clarify how assets, liabilities and financial resources will be divided after separation through a private agreement.
After separation
Finalise the division of your assets, liabilities and financial resources following separation through a private agreement.
UNDERSTANDING THE SERVICE
Understanding financial agreements
A financial agreement is a legal agreement that can deal with how property, finances and, in some cases, maintenance will be managed between parties. In Australia they can be made before, during, or after a marriage or de facto relationship — sometimes referred to as "prenups", although the correct legal term is financial agreement.
They may be relevant if you:
Are entering a marriage or de facto relationship
Want to protect property, business interests or inherited assets
Have children from a previous relationship
Are already separated and want to formalise financial arrangements
Have been asked to sign an agreement and need independent legal advice
IMPORTANT TO KNOW
Financial agreements are extremely technical documents. A well-prepared agreement can reduce uncertainty. A poorly prepared one can create risk and potential litigation later.
Before entering into one, each party must receive independent legal advice. This is not a formality — it is a legal requirement.
HOW WE HELP
What we can assist with
We guide you through financial agreements in a calm, practical and organised way.
Preparing agreements
Carefully and strategically drafted agreements tailored to your circumstances.
Reviewing agreements
Independent review of agreements prepared by another lawyer.
Independent legal advice
Clear explanation of the agreement's effect, advantages, and disadvantages.
Challenging Financial Agreements
Detailed advice on any grounds to challenge and set aside a financial agreement.
Before you sign, get clarity
A financial agreement can have long-term consequences. Clear advice before signing can make a significant difference.
OUR PROCESS
How we'll work together
You don’t need to have everything figured out. We’ll guide you based on your situation.
1.
Consult
We begin by listening and understanding your situation and objectives for wanting a financial agreement. Then we provide clear advice on your position and available options
2.
Plan
We develop a strategy tailored to your circumstances, focusing on practical outcomes and next steps.
3.
Work together
We guide you through the process of documentation, keeping everything clear and structured.
4.
Resolve
We work towards achieving your goals of getting a divorce
INSIGHTS
When financial agreements are used
Financial agreements can be made at any stage of a relationship.
Before a relationship
During a relationship
After separation
Questions
The right information can help you make confident decisions. Here are some common questions and key points to understand.
A financial agreement is a legal agreement under the Family Law Act 1975 (Cth) that can deal with property, financial resources and maintenance between parties to a marriage or de facto relationship.
A “prenup” is a common term often used to describe an agreement made before marriage. In Australia, the correct legal term is financial agreement.
Yes. Financial agreements can be made after separation. Depending on your situation, consent orders may also be an option. The right pathway depends on your circumstances and the level of certainty you require.
Yes. Each party must receive independent legal advice before entering into a financial agreement. This is an essential requirement and should be handled carefully.
Yes. Financial agreements can be challenged or set aside in certain circumstances. This is why careful drafting, proper disclosure and independent legal advice are important. Although a financial agreement may limit the Court’s role in financial proceedings, the Court still has power to set aside an agreement in certain circumstances.
It depends on your circumstances. A financial agreement is a private legal agreement. Consent orders are orders made by the Court. Each option has different advantages, risks and requirements.
We can help you understand which option is more appropriate for your situation.
Still have questions?
Get in touch and we'll answer what you need to know.
Take the next step
You don’t need to have everything figured out. We’re here to help you understand your position and what to do next.