Not all family law is practised after the breakdown of a relationship. The law also covers issues before or during marriages or de facto relationships, including at the point where people start to merge their lives together.
When you receive an inheritance, a loan from family, a big gift from family, or just start a relationship with more assets than your partner, you may wish to try to protect those assets in some way. This is when prenuptial agreements (prenups) or binding financial agreements (BFA) come into play. These agreements can deal with what happens to assets or maintenance obligations in the event that you separate.
At Nevett Ford, our prenup lawyers can draft documents that protect and deal with all your assets, as well as simply carve out protected or isolated assets for you. This legally binding agreement has important restrictions and requirements, and our lawyers have the expertise and experience to guide you through the prenup process to ensure you fully understand the risks involved.
We are prepared to address how your prenup agreement might be challenged in the future and so our prenup agreement lawyers will provide you with expert advice and help you prepare a future-proof agreement.
Why Choose Us
Personal and Tailored Services
Our lawyers take the time to get to know your current and future needs to ensure you get prenup advice tailored to your specific situation.
Long-Standing Relationships
At Nevett Ford, our lawyers aim to nurture enduring quality relationships with our clients. We’re also committed to guiding you through the various phases of your relationship and evolving needs.
150 Years Of Experience
Our prenup lawyers have decades of combined experience and expertise handling legal matters across a comprehensive range of family and relationship issues.
Transparent and Fixed Costs
We work on fixed and capped fees whenever possible, and we will let you know upfront what each stage of the process is likely to cost, as we believe in transparency with our clients.
Frequently Asked Questions
What is a prenup or BFA?
A prenuptial agreement (prenup), also known as a binding financial agreement (BFA), is an agreement created by couples who are marrying, married, considering a de facto relationship or are in a de facto relationship. Its main purpose is to clarify how assets, debt, and financial resources will be divided in case the relationship ends.
The agreement’s terms and conditions are legally binding on both parties, so it is vital to have an experienced lawyer guide you through the process of drafting the agreement, and for both parties to have independent legal advice about the effects, and advantages and disadvantages of the agreement.
Should I get a prenup?
We understand that no one starts a relationship intending for it to end, but if it does, a prenup simplifies the process of dividing assets and helps couples avoid uncertainty.
If you have a lot of assets, own a business or real estate, or are expecting to receive a significant inheritance amount, you should consider a prenup. The protection that a prenup offers also applies to couples who are planning to have children or have children from former marriages or de facto relationships – if you want to protect your assets from effectively being claimed by your new partner’s older children, consider a prenup.
Can a prenup be overturned in court?
Yes. Prenups or BFAs can be overturned or voided in court if they do not comply with relevant laws, there are serious non-disclosures, fraud in the making of the agreement, issues of mental health for parties when making the agreements, new situations arising because of children, or if there are issues around duress or undue influence being exerted. This is a complex area of law.
Engage an experienced prenup agreement lawyer to ensure you have a prenup prepared where you are thoroughly aware of the risks and rewards of the document.
Can you get a prenup after marriage?
Contrary to popular belief, a prenup / BFA can also be made during a marriage or de facto relationship, after divorce, or after a de facto relationship breakdown.
Do I need a prenup lawyer?
It is a legal requirement for both parties to a financial agreement to review independent legal advice before they sign the agreement. In order for the agreement to be valid, that advice must be received before signing, and a statement of advice for each lawyer needs to be attached to the agreement.
WHO YOU’LL WORK WITH
Richard Hamilton
Catalano Clay
Erin Trantino
Jenny Christofidis
Maggie Wang
Stacey Raphael
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Nevett Ford Melbourne Pty Ltd
ABN: 80 144 697 790
Level 16, South Tower, Rialto Building, 525 Collins Street
Melbourne, VIC 3000