Your trusted prenup agreement lawyer
Prenuptial agreements often carry an unfair stigma, seen by some as planning for failure rather than a future.
This isn’t always the case however.
In reality, prenuptial agreements can serve as a practical approach to managing financial matters and protecting individual interests, ensuring both parties enter marriage with clear expectations and security.
By fostering open and honest discussions about finances early on, we can help couples craft prenuptial agreements that reinforce trust, promote fairness, and support the foundation of a strong, enduring partnership.
If you’d like to learn more about prenup agreements and how they can benefit your relationship, we offer free initial consultations to answer your questions.
When is a prenuptial agreement appropriate?
Prenuptial agreements are not just legal formalities; they’re practical tools for navigating the financial aspects of marriage with clarity and confidence.
While every couple’s situation is unique, certain circumstances make the consideration of a prenup particularly advisable.
- If one or both parties are entering the marriage with substantial assets, businesses, or debts
- Entrepreneurs and business owners who want to define their company’s treatment in the event of a divorce
- Individuals entering a second or subsequent marriage
- When one or both parties have children from previous marriages or relationships
- Situations where one partner is anticipated to receive a significant inheritance
- Relationships with a significant difference in financial status or earning potential
In these and other circumstances, a prenuptial agreement serves as a proactive step towards building a transparent, equitable foundation for your marriage.
Book your free initial consultations today if you’d like to learn more about our approach to drafting and finalising a prenup agreement tailored to your unique needs and values.
How our family lawyers can help with your prenup agreement
At Stanford Legal, our dedicated team of Family Lawyers is committed to providing you with a seamless, supportive experience as you complete the prenuptial agreement process.
Here’s how we can assist:
Personalised legal guidance and education
We understand that every couple’s situation is unique.
Our lawyers offer personalised legal advice tailored to your specific circumstances, ensuring your prenup agreement reflects your individual needs and goals.
We’ll also educate you on the legalities of prenuptial agreements and the options available so you’re fully informed to make informed decisions.
Drafting comprehensive agreements
Our expertise in family law enables us to draft thorough and enforceable prenuptial agreements that protect your assets, liabilities, and future.
We focus on clarity and fairness, ensuring all stipulations reflect your wishes.
We also ensure that your prenuptial agreement complies with all legal requirements and formalities, minimising the risk of disputes or challenges in the future.
Amendment and review of existing agreements
If you already have a prenuptial agreement and your circumstances have changed, our lawyers can assist in reviewing and amending your agreement to ensure it remains relevant and protective of both parties’ interests.
Negotiation and mediation support
Navigating the discussions around prenuptial agreements can be sensitive. Our lawyers provide negotiation and mediation support, facilitating open communication between partners to reach mutually beneficial agreements.
Want advice from Ipswich’s best prenup lawyer?
Ready to secure your future with confidence?
Contact Stanford Legal today to schedule your free initial consultation.
Let our expert team guide you through every step of the prenuptial agreement process, ensuring you’re informed and prepared for a future built on solid ground.
Frequently Asked Questions
Is a prenuptial agreement legally binding in Australia?
Yes, a prenuptial agreement, known in Australia as a Binding Financial Agreement (BFA), is legally binding if it meets all the legislative requirements under the Family Law Act 1975. To be binding, the agreement must be in writing, signed by both parties, and each party must have received independent legal advice before signing. The advice must cover the agreement’s implications, its advantages and disadvantages at the time the advice was provided, and the agreement must not have been obtained by fraud or under duress.
Can a prenuptial agreement include provisions for child support and custody?
In Australia, a prenuptial agreement can include provisions related to the financial support of children (such as child support). However, these provisions must not contravene the principles set by the Child Support (Assessment) Act and are subject to change if they do not meet the child’s best interests at the time of the agreement’s enforcement. As for custody arrangements, while parties can outline their intentions, decisions about parenting and custody are always subject to the court’s review to ensure they are in the child’s best interests.
What happens if my future spouse and I cannot agree on the terms of the prenuptial agreement?
If future spouses cannot agree on the terms of a prenuptial agreement, it cannot be finalised and become legally binding. Couples might choose to enter mediation to resolve their disagreements. Mediation allows both parties to discuss their concerns and negotiate terms in a facilitated environment. If an agreement still cannot be reached, the prenuptial agreement cannot proceed, and the couple might consider other legal options or agreements to manage their financial matters.
Can a prenuptial agreement be modified or revoked after it has been signed?
Yes, a prenuptial agreement in Australia can be modified or revoked after it has been signed, but only under certain conditions. Both parties must agree to any changes or the revocation of the agreement. Like the original agreement, any modification or revocation must be made in writing, signed by both parties, and each party must receive independent legal advice on the change or termination. In some cases, a court can also set aside a prenuptial agreement if it is found to be unfair, was entered into under duress, fraud, or if the circumstances have changed significantly, making the agreement impractical or causing hardship to a child of the relationship.
