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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.

Our reputation speaks for itself...

Greg BrownGreg Brown
03:10 04 Dec 22
Absolute pleasure to deal with! Luke and the team at Cudmore were amazing to deal with, really receptive to my requests, nothing was too much bother. Would recommend.
Emily PeeblesEmily Peebles
00:31 09 Nov 22
Possibly the best lawyer/ Law firm, I've personally ever had a pleasure working with. Emily was impressive to watch in court and was always professional. Her knowledge of law granted me a successful win. Hiring a lawyer can be scary and overwhelming. Emily made me feel comfortable, calm and I always left her, feeling empowered. Highly recommend.
Bill LottBill Lott
00:44 23 Sep 22
Luis Tunstall at Cudmore Legal was outstanding handling my family law matter. I was particularly impressed with the way that he applied his knowledge and expertise. He was professional and pragmatic, making it clear how the courts would likely handle the matter should it go to court and advised me appropriately and effectively. Luis was a steady hand in what could have been an emotionally charged procedure. I will highly recommend him to anyone in need of legal advice.
Mel GlennonMel Glennon
04:44 13 Jun 22
I had Amelia Medina represent myself through a family law matter, Amelia is exceptionally thorough in what she does and very supportive throughout the 18 months.Very reliable, timely and professional in response to other parties.It’s not easy going through something so heartbreaking, Amelia was sympathetic and made sure my case was strong and well supported with documentation.Thank you so much Amelia, your hard work, long hours are greatly appreciated.

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