How Valid Are Prenuptial Agreements In Australia

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Unfortunately, you and your spouse no longer live «happy always after.» They`ve split up and are heading for divorce. You may still have tantrums and tears. However, you are confident that the marriage agreement you signed when you lived in your former country will be your savior. It`s not true! It`s not true! It`s not true! «We can see that people get married later in life, which means they have more assets that should be protected if the relationship breaks down,» he said. But he added that it was worth considering that a marital agreement does not necessarily result in a better outcome than a divorce scheme. Due to the uncertainty inherent in the applicability of prenups, we recommend a marital agreement in limited situations. To discuss the appropriateness of a binding financial agreement for you, please contact our company. Competence can also be a problem when there are assets abroad. Marriage contracts ratified in Australia are subject to Australian law. This means that, if the agreement is indeed able to manage property in Australia, the implementation of the agreement (when the marriage/relationship collapses) may be more difficult when it comes to foreign assets. But this is also the case for court decisions. A marriage agreement not only protects couples in the event of divorce and separation, but can also survive the death of a partner, which commits him to the legal personal representative of the estate. This is governed by section 90H of the Family Act 1975 and allows the protection of assets for the good of your children and other heirs after your death.

Recently, one client asked, «I`ve heard that marital agreements are not valid in Australia, is that true?» The short answer to this question is no. With the additional clause feature, you can add your own clauses to cover any issues that LawDepot`s standard agreement does not cover. If you write your own clause, be clear and concise and write in a full sentence or paragraph. A marriage agreement is a contract between two parties, which means that the parties are free to agree on anything that is legal. Therefore, marital agreements cannot engage in illegal activities, for example.B. without the written consent of that party, you would not be able to agree on anything that affects the interests of third parties. Nor can they agree with child custody and access issues. The reason is that a court will consider «the best interests of the child» as a test for a final decision on children. It is understandable that it is difficult to predict what will be a situation years later, so the court is asked the decision of the parties and the situation on Tell`s to review the decision before it decides.

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