Postnuptial Agreement Lawyers in Newstead, Brisbane
A postnuptial agreement lets a married couple set out how their property would be divided if the relationship ends. Nobody enters a marriage intending for it to finish, but planning ahead can protect your financial future. Our family lawyers in Newstead can help you negotiate, draft, and put a postnuptial agreement in place that fits your circumstances.
When a postnuptial agreement is worth considering
Postnups are a form of binding financial agreement (BFA) entered into while the spouses are still together. They have strict legal requirements under the Family Law Act 1975:
- Both parties seek independent legal advice from separate lawyers.
- The agreement has to be in writing.
- Both parties get a signed statement from their lawyer saying they received advice.
There are various reasons why parties may choose to create a postnup. Some common circumstances include:
Getting a large inheritance
If one partner inherits assets from a family member, they may wish to keep those funds or any assets bought with them separate in a property settlement.
Protecting family businesses
Sometimes, there’s a business that’s been in the family for generations. A postnuptial agreement can define how ownership of that business interest will be handled to prevent a divorce from harming it.
They have a blended family
One spouse may wish to make specific provisions for their own children from a previous marriage or relationship.
After marital difficulties
Spouses who have gone through a difficult period may use a postnup as part of their journey to rebuild trust.
Postnups compared to other options
Under Australian law, BFAs can be entered into before, during, or after a marriage. Deciding when is the best time to make an agreement may depend on your financial situation. Here’s how parties typically think about the decision:
Prenuptial agreement
These can be useful if one party has significant assets going into a marriage they wish to cover. Prenups may allow parties to clarify financial matters before their assets become intertwined in marriage.
Postnuptial agreement
Financial circumstances can change a lot during a marriage. That could make it a good time to make arrangements.
Separation agreement
Financial arrangements after separation divide the current marital assets without involving the Federal Circuit and Family Court of Australia (FCFCOA).
Consent order
This has a separate legal procedure involving court approval. It can be a simpler solution for couples with moderate property pools.
How the process works with us
Our family lawyers can work closely with clients looking to make an agreement to support their financial security. We walk spouses through a clear set of steps:
We can meet with you for a free initial consultation. We try to get an understanding of your stage of life and what you want to achieve with a postnup.
Both parties need to disclose their financial position. This can be tricky if you have complex circumstances. We can organise the necessary documentation to cover all financial assets.
We may help negotiate the terms. This can set out each party’s financial responsibilities and rights.
With a drafted proposal, we advise you on how it affects your interests now and if the marriage breaks down.
Once the proposal is approved, they can sign the document to make it legally binding. Both lawyers will then provide signed statements.
Why people choose Andrews Family Lawyers for a postnup
Clients have chosen our qualified family lawyers for more than 10 years for legally enforceable agreements and other family law matters. Here’s how we can assist you with your postnup:
- Independent advice
You receive independent legal advice tailored to you.
- Complex assets
We can manage complex and valuable assets supporting a fair asset division.
- Fixed-fee services
Our fixed-fee services keep postnuptial agreement costs predictable and transparent.
- No jargon
We walk you through the legal process with sound legal advice that removes the jargon.
Disclaimer: This article provides general information only. It is not legal advice. Family law outcomes depend on your circumstances. You should speak with a family lawyer before making decisions about your matter.
Ready to start the conversation?
Contact our Newstead office today to discuss how a postnuptial agreement can provide the security you need.