When considering such agreements it is imperative you and your partner receive specialist family law advice

 

Prenuptials or Binding Financial Agreements as they are known in Australia are complex agreements.

Rather than finalising your affairs in accordance with the Family Law Act 1975, a financial agreement aims to document how a couple intends to divide their assets and income in the event they separate which is in accordance with their wishes.

Broadly speaking, the agreement aims to contract out of the current Australian legislation that deals with how a family law property settlements is determined and instead, divide assets privately.

Lagom Family Law can act on your behalf if you have entered into a binding financial agreement and are now looking to challenge the agreement and have it set aside. In some circumstances, there may be the ability to apply to the Court and have your agreement set aside so that a division can be determined in accordance with Australian Law. Circumstances where you may seek to have the agreement set aside is because you were pressured into signing the agreement, there is a flaw in the agreement or you or the other person didn’t get the right advice or information when it was entered into.

Our firm does not prepare or act on behalf of clients who are looking to enter into a pre-nuptial agreement given the uncertainty surrounding the Court having the ability to set aside these agreements.

Contact us if you wish to discuss how an agreement can be challenged or set aside.

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Lagom Family Law pride ourselves on delivering bespoke, considered and personally tailored planning for our clients in all aspects of their family law matter including separation, parenting arrangements, property settlements, child support, divorce, mediation, Court applications as well as collaborative matters.

We aim to provide expert advice in a respectful, approachable, ethical and affordable manner to achieve the best outcome for our clients.

If your matter is urgent then please contact us on +61 2 8379 1835 and we’ll endeavour to speak to you right away.

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