Prenup Lawyer Brisbane
A prenuptial agreement is entered into before marriage when couples want to protect their assets. An agreement efficiently ‘quarantines assets’ by opting out of the Family Court jurisdiction. Due to their powerful nature, prenuptial agreements must meet many technical and legal requirements before it is considered valid.
When is a prenuptial agreement appropriate?
Many prenuptial agreements have been and can be overturned by the courts for various reasons. These reasons might include, unequal bargaining power (for, eg when one party has a significant amount of resources compared to the other), coercion or the agreement is no longer practicable, there are many other times when an agreement isn’t appropriate. Thus it is essential to seek legal advice about the likelihood of an agreement being valid based on your specific situation. Additionally, it can be a costly process because both parties will need to seek independent legal advice for an agreement to be considered valid by the courts and even then it might not be upheld. These factors need to be weighed up before going ahead with a prenuptial agreement.
Prenuptial Legal Advice
Our prenup lawyers can draft a prenuptial agreement for you or advise you on the effect of a pre-written agreement. Your prenup lawyer will inform you of both the advantages and disadvantages of entering into a prenuptial agreement based on your circumstances. This advice includes whether or not you should enter into a prenuptial agreement, what the purpose of the agreement and if any amendments are required.
We do our best to advise you so you can make an informed decision before entering into a prenuptial agreement.
Costs of a prenuptial agreement
Due to the technical nature and strict requirements, in most cases, the cost of a prenuptial agreement can be in the thousands. It is for this reason; you get proper legal advice about the actual effect of the prenuptial agreement, and it’s likelihood to survive a challenge.
Benefits of a prenuptial agreement
- Opting out of the Family Court jurisdiction on property and spousal maintenance matters
- Ability to protect assets for children from a previous marriage
This list is not exhaustive you should seek independent legal advice specific to your circumstances.
Disadvantages of a prenuptial agreement
- No requirement for it to be fair
- Intangible contributions aren’t included
- May need to be frequently updated if circumstances change
This list is not exhaustive you should seek independent legal advice specific to your circumstances.
Should I get a prenuptial agreement?
Whether or not you should enter into a prenuptial agreement depends on your circumstances. Our family lawyers will sometimes advise against them. If you want to know whether or not you should consider a prenuptial agreement, we offer family-law consultations; you can request one here.
