Why some couples might want a Pre Nuptial Agreement

Agreement Review Service

The Family Law Act requires each party to the agreement to receive independent legal advice as to the advantages and disadvantages of entering into the Agreement.

Before your financial agreement becomes legally binding it must contain

• A statement in the body of the agreement by the parties to the effect that they have received legal advice independent of each other and
  
• A certificate from the legal adviser that the advice has been provided.
  

This prevents either party from arguing that, when signing the agreement, they did not understand what they were signing or the consequences thereof.

With this in mind we have negotiated a reduced rate for our customers with several independent, nationally licensed lawyers who can provide the required advice by telephone and e-mail.

Take advantage of our Agreement Review Service now. Only $395 per partner. Click here.

 

What does this mean for you?

Our Agreement review service assists you to complete your financial agreement properly, meeting the requirements of the Act, with a minimum of fuss and expense.

You can view a Flow Chart on how the Review Service works HERE

The steps involved are fairly simple.

1. Purchase and download the financial agreement kit.
   
2. Draft your own agreement, referencing the manual and sample agreements supplied.
3. When both parties are happy that the agreement achieves their aims, e-mail your draft for distribution to our panel of lawyers.
4. If accepted for the Basic Fee, we will provided a special link so you can purchase the Financial Agreement Doc Review Service.
5. Each party is contacted by an independent qualified Australian Lawyer by e-mail and telephone to set up a convenient time to review your agreement, make any minor amendments necessary and ensure the document is compliant with the requirements of the Act.
6. Once you have spoken with your lawyer and any issues resolved, hard copies of the final agreement, a letter of advice, and the original certificates are sent to you, express post.
7. Clients are then free to sign the agreement in front of a witness. One party keeps the original and the other keeps a copy.

Collaborating with your spouse to reach and draft your agreement is a fresh approach to resolving issues that may arise when a relationship ends.

Reaching agreement in a non-combative atmosphere minimises costs, empowers the parties and reduces stress.

Our Lawyers understand that both parties have spent considerable time negotiating a mutually acceptable agreement and they simply need the added security and guidance of good legal advice.

The Basic fee for providing the required legal advice and certification is $395 per partner.

A fixed price means a fixed level of service and in the majority cases, the agreements based on our templates are reletivley straightforward. However if your situation is particularly complicated additional costs may be involved.

Should you require more information please feel free to contact us via this contact form and if your situation means a different fee we will explain why.

I recently purchased a document review service.   I just wanted to say how pleased I was with the services of rpemery .

In an age where time is a precious commodity your services fill the gap brilliantly .

After I purchased the ag-90UC  binding financial agreement document I was updated at every step through regular emails.

What attracted me was all the work was already done for the client,all we had to do was to add our personal details.

I cannot recommend the document review service highly enough. Again financially it was very competitive,and all to the letter of the law.

Finally the communication through phone inquiries was always received in a pleasant and friendly manner.

A big thank you and I wish you even more future success

Regards

Wadih Dona

 

Financial Agreements before Marriage: Prenup or PreNuptial Agreement

It's not the 1950s. In Australia two generations ago divorce was rare and no one knew what a prenup was. You married in your early 20s, had 2.8 kids, and usually you stayed married, till death do us part.

Society doesn't plan your married life any more. Marriage isn't seen as permanent, divorce is comparatively easy, and there's little social stigma in going through two, three, or more marriages with children from each of them

People going into a marriage today may need to consider more complicated issues. They may wish to protect their existing children, they may have parents who need care or they may simply understand the statistical reality that, today marriages are fairly short-term affairs. They hope for and work towards the best future together, but they use a prenuptial agreement to insure anyway.

Section 90B of the Family Law Act 1975 refers to Prenuptial Financial Agreements (prenup) before Marriage. Commonly known as a prenup, prenuptial agreements or pre nups, they are most commonly used to protect the assets of the wealthier party in the event of a marriage break down.


Contrary to popular opinion, prenuptial agreements are not just for the rich and famous. Increasing numbers of less famous couples are opting for written prenup agreements to protect the financial assets each partner brings to the relationship.

A Financial Agreement is the method Parliament has set up for you to protect the assets you take into a marriage by predetermining how those assets should be dealt with, if the marriage fails.

A Prenuptial Financial Agreement made under section 90B is a substitute for court action and means that before marriage the parties have negotiated a settlement of their family issues should the marriage end. This means that, at least insofar as they concern money and possibly child maintenance issues, the couple has resolved its issues in advance without needing the court to impose a solution.

For example. An engaged couple with children from prior marriages may use a prenup financial agreement to spell out what will happen to their property when they die. This means they can pass on separate property to their children and still provide for each other if need be. Without a prenuptial financial agreement, a surviving spouse might have the right to claim a large portion of the other spouse's property, leaving much less for the children.

Couples often use prenuptial financial agreements to protect the assets of either partner from debts incurred by the other, or if one party is at risk of being sued.
Lets look at an example;

Julie and Alan are both in their late 40s and about to be married, each for the second time. Julie is a financial adviser who has two teenage children. Alan is a builder who has a six- year-old daughter. Each of them owns a home. After they marry, they plan to rent out Alan's house and live at Julie's place. Both Julie and Alan want to protect their property from the other person's debts. Although Julie's business is quite successful, she and Alan want to be sure that there will not be any caveats placed against Alan's home if a disgruntled investor sues Julie, or if her business runs into financial troubles. They are equally concerned about protecting Julie's assets and income from Alan's business debts and any child support obligations to his ex-wife.


What should Julie and Alan do?

Alan and Julie can quarantine their property by entering into a prenuptial financial agreement (prenup) with each other (under section 90B of the Act). This means Alan's house will not form part of the asset pool available to creditors in the event that someone tries to sue Julie or visa versa. The Agreement will also prohibit Alan's Ex-wife wife from making a claim in relation to Julie's property.

Financial agreements can reassure and comfort people entering into a marriage or de facto relationships. They are recognised and enforceable under the Family Law act and can save you time, money and a lot of heartache.

Prenup / Prenuptial Financial agreement kits are available for immediate download only $129.95

IMPORTANT! A word of warning - If you are planning on getting married soon it is inadvisable to enter a prenuptial agreement within two weeks of your wedding. You won't find this warning anywhere in the Act it's just something our lawyers believe could go to proving undue influence.  If time is short and there is not enough to formalise your agreement before the wedding you can always make a post nuptial agreement after the wedding.

This comprehensive Pre Nuptial Financial Agreement Kit has been drafted to comply with section 90B of the Family Law Act 1975. It provides all the guidance you need to create a legally binding, protective Prenup.

It includes

• the Financial Agreement
  
  


• an easy-to-follow instruction manual
  
  


• sample agreement including several sample clauses to assist you in drafting your own professional agreement.


• plus Bonus Legal will Kit
  
  

Important note: Section 90G of the Family Law Act requires that each party to the agreement receive independent legal advice before the agreement has any legal force, we have introduced our Agreement Review Service.

Our Financial Agreement Review Service is available as an option with this agreement.

Sample Prenuptial (prenup) Agreement Excerpt

prenup 90B - Own Homes Own Business

Julie and Alan are both in their late 40s and about to be married, each for the second time. Julie is a financial adviser who has two teenage children. Alan is a builder who has a six- year-old daughter. Each of them owns a home. After they marry, they plan to rent out Alan's house and live at Julie's place. Both Julie and Alan want to protect their property from the other person's debts. Although Julie's business is quite successful, she and Alan want to be sure that there will not be any caveats placed against Alan's home if a disgruntled investor sues Julie, or if her business runs into financial troubles. They are equally concerned about protecting Julie's assets and income from Alan's business debts and any child support obligations to his ex-wife.

What should Julie and Alan do?

Alan and Julie can quarantine their property by entering into a Financial Agreement with each other (under section 90B of the Act). This means Alan's house will not form part of the asset pool available to creditors in the event that someone tries to sue Julie or visa versa. The Agreement will also prohibit Alan's Ex-wife wife from making a claim in relation to Julie's property.

Prenup 90B Existing Assets Protection

Leon is the son of a moderately wealthy farmer. In fact the family farm has not changed hands in over 100 years and the management and ownership has just been passed down to Leon. He and Andrea met 6 months ago and they have decided to get married. Even though both parties are devoted to one another, Leon is worried that should the marriage fail Andrea could make a claim for this valuable family asset. The couple have agreed in principle that Leon's family farm should be kept out of any future dispute and shall remain in his ownership and control.
Leon can protect the asset by pre determining how the farm should be dealt with by entering into A Binding Financial Agreement made under section 90B of the Family Law Act. This type of agreement is commonly known as a 'pre nuptual' agreement. Entering into a BFA now will also remove any doubt and uncertainty which can often lead to arguments and in doing so can actually strengthen the relationship.

Pre Nuptial Financial Agreement Kits are available for immediate download. Click Here.

 

Post nuptial Agreement (After Marriage) Postnup 90C

Protecting Assets after getting Married

Tracy is a bright young business woman who has worked hard to build her own business and buy her own home. Love, being as it is, has swept her off her feet and after a short romance upon a cruise ship she has married Clive, a handsome young truck driver with a sharp wit and a 1972 Land-Rover. Now even though the newlyweds are very much in love and they intend living happily ever after, Tracy is concerned she may have rushed into the relationship without considering any of the financial ramifications of such a quick decision. Both she and Clive have agreed that should they not live happily ever after then Clive will not make any claim for the house and business assets which Tracy has worked so hard to aquire. Tracey wants nothing to do with the Land-Rover.
To finalise this arrangement Tracy and Clive should make a BFA under section 90C of the Family Law Act. This will effectively isolate all of Tracy's and Clive's pre marital assets from their post marital assets, paving the way for a happy future together without suspicion. This type of agreement is sometimes known as a post nuptual agreement.

Post Nuptial Financial Agreement Kits are available for immediate download. Click Here.