Who we help
We act for men and women who are considering entering into a binding financial agreement or superannuation agreement:
· Prior to or during a de facto relationship;
· Prior to or during a marriage; or
· After the breakdown of a de facto relationship or marriage.
How we help
If you are proposing to marry or commence a de facto relationship, we can:
· Tell you whether there is any benefit to entering into a binding financial agreement (often referred to as a “pre-nup”);
· Advise you regarding the terms of a proposed agreement submitted by the other party;
· Negotiate the terms of a financial agreement;
· Draft a binding financial agreement on your behalf.
We can also assist with binding financial agreements proposed during a de facto relationship or marriage. A binding financial agreement may be appropriate if a party’s financial position changes significantly. For example, if an inheritance or a compensation payment is received. Or, if the parties have separated and prior to reconciling they wish to clarify their financial arrangements going forward.
Binding financial agreements and superannuation agreements can also be used to record agreements about the ownership, division and distribution of assets, liabilities and superannuation interests following the breakdown of a marriage or de facto relationship.
Binding financial agreements can be used in a wide variety of circumstances, including where:
· Both parties have been previously married and accumulated assets which they want to “quarantine”
· One party has substantial assets which he or she wants to protect
· Both parties have children from previous relationships, for whom they wish to provide
· A party is agreeing to sacrifice a career opportunity for the benefit of the relationship and the parties want to ensure that party will be provided for in the event of a separation
· A party agrees to relocate to pursue the relationship and wants to ensure that he or she will not be financially disadvantaged as a consequence
· Both parties anticipate receiving substantial inheritances
· One party has a successful established business prior to the commencement of the relationship
· One party has financial arrangements with members of his or her family prior to the commencement of the relationship.