Prenuptial agreements
When people who live in different jurisdictions or who contemplate doing are planning to marry they should consider entering into a prenuptial agreement. They or their advisers should consider the law of all jurisdictions.
We draft prenuptial agreements for international people, often acting in collaboration with lawyers in other countries.
The information below is for informational purposes only. It must be checked by legal counsel in the local jurisdiction before being acted on.
AUSTRALIA
Prenuptial agreements, known as "binding financial agreements," first became enforceable in Australia in 2000 with the enactment of the Family Law Amendment Act 2000.
Part VIIIA of the Family Law Act sets forth particular provisions concerning the oversight to be given to such agreements by family law solicitors. For a binding financial agreement to be binding it must be in writing signed by both parties; be given (the original) to one party with a copy given to the other; specify the extent of any spousal maintenance provided; and state that both parties have received specified independent legal advice and annex a certificate of an independent lawyer to that effect.
An agreement will not be binding if it was obtained by fraud, was made under duress, by mistake, by virtue of undue influence, if it is impracticable for all or part of the agreement to be carried out, if there has been a material change in the care of a child leading to hardship, if a party engaged in unconscionable conduct when making the agreement, such as where one spouse is at a disadvantage and the agreement runs contrary to good conscience.
By: Singapore Private Investigator
