Financial Agreements (eg Prenuptial Contracts)
There is an increasing demand within our society for partners in a relationship to establish clear guidelines on the distribution of assets they had prior to the beginning of the relationship and that are accrued during the relationship.
These types of agreements are not only available to couples contemplating marriage, but also to people in or entering into de-facto relationships, including Same Sex de-facto relationships. These agreements are known as Certified Domestic Partnership Agreements and are only binding if they strictly comply with the Domestic Partners Property Act. Likewise, for agreements of this sort between spouses and proposed spouses to be binding, they must strictly comply with the requirements of the Family Law Act. In both cases, the law requires that an agreement will only be binding if each party has had independent legal advice about the document, as evidence by a certificate of independent legal advice signed by each lawyer. Advice on drawing up these contracts is a good idea for any couple looking at long term commitment.
Our lawyers who practice in this area are:
- Jane Miller, Accredited Specialist in Family Law
- Dina Paspaliaris
- Wendy Barry, Accredited Specialist in Family Law
- Diana Dichiera
- Rob Muecke (Port Lincoln)
