Meeting a divorce lawyer before your wedding – controversial or smart?

by | Feb 10, 2021 | Family Law

Business Insider Australia reported a couple setting up a meeting with a divorce lawyer after their engagement to get legal advice before their wedding.

Whilst some couples may find this idea a bit icky, others find it beneficial and eye-opening. We cannot ignore the key statistics recorded in 2019 by the Australian Bureau of Statistics – 113,815 marriages were registered and 49,116 divorces were granted in Australia that year.

Here are five legal points couples need to know before tying the knot:

  1. Couples should have an understanding of how finances and assets are divided under the Family Law Act 1975 in Australia.
  2. Couples might want to consider entering into a Binding Financial Agreement (also known as a pre-nuptial agreement) to avoid an expensive and messy divorce. The couple could talk about what each other’s goals and interests are with regard to the marriage, and the pre-nup and then together to make decisions about how the property issues will be handled upon divorce and death.
  3. In Australia, the Courts do not consider which partner was at fault in the marriage breakdown. The only ground for divorce is the irretrievable breakdown of the relationship demonstrated by 12 months of separation.
  4. Have a serious conversation about children early on including knowing exactly what each other’s expectations are regarding children and responsibilities including if a child is to be born through artificial conception procedure.
  5. Couples should consider updating their Wills after marriage as when you marry, any existing Will is automatically revoked.

If you require further advice regarding any of the above issues, please do not hesitate to contact one of our experienced family lawyers on 03 9614 7111 or by email on melbourne@nevettford.com.au.