“For poorer, for richer, get a pre-nup” article by Noel Whitaker in the Perth Sunday Times this week was really interesting.
It emphasised the need to get a family lawyer to certify these agreements, well prior to any planned wedding date!
The article also highlights the particular significance of Binding Financial Agreements, particularly for parties with significantly different financial circumstances or second marriages. The same law applies to de-facto (including same-sex) relationships.
See Noel Whittaker’s full article in the Courier “When to get a prenuptial agreement” (and re-printed in the Perth Sunday Times last week) is found in this link here.
As highlighted in the article, both parties are required to have independent certified advice from a family lawyers as to the terms of the agreement, and the advantages and disadvantages of that party entering the agreement.
But, in doing Binding Financial Agreements you need to be aware the law is complex and requires strict compliance with the terms of the Family Law Act / Family Court Act to avoid a subsequent challenge to the validity of the agreement or enforcement of the same. Not all family lawyers prepare or certify Binding Financial Agreements, so be sure to confirm your family lawyer’s experience prior.
If you would like any advice from one the family lawyers at Holden Barlow Family Lawyers Perth please telephone us on (08) 9221 7122, see our website (www.holdenbarlow.com.au) or to use our online booking system to make an appointment click here.