A prenuptial agreement also commonly known as a prenup is a contract entered into by two individuals who are about to get married. This prenuptial agreement the agreement sets out the terms and conditions upon which husband name the husband and wife name the wife shall manage their financial and legal affairs upon marriage to each other together the parties.
Prenuptial agreements are enforceable in australia if they follow the legal requirements of family law act 1975.
Prenuptial agreement australia template. These agreements commonly include provisions for the division of property and payment of spousal support in the event of seperation. It makes references to nsw courts and legislation making it nsw centric. A prenuptial agreement also known as a financial agreement sorts out current and future financial and property issues before marriage.
This is a sample australian but new south wales based pre nuptial agreement created in microsoft word and provided as a pdf file. This agreement is entered into by two people before they are married or united by a civil union. Therefore prenuptial agreements cannot deal with anything which is unlawful for example you could not agree to anything which affects a third parties interests without the written consent of that party.
Since we do not get married with a view to divorce most australians do not consider the benefits of a prenuptial agreement. This agreement is drafted to comply with s90b of the family law act 1975 for couples intending to be married. A prenuptial agreement usually referred to as a prenup is entered into by people who are either planning to get married or enter into a civil union.
8 sample free prenuptial agreement templates in pdf. Nobody plans to fail but a lot of people fail to plan. In general it sets out who the parties are describes their current property and debt and explains how all current and prospective property will be dealt with in the event of a breakup.
It doesnt sound like a very romantic or optimistic way to start your life together but its a really good idea. The most trusted pre nuptial agreement and binding financial agreement website in australia. This agreement outlines the financial obligations of both parties and includes a plan of how to divide assets and debt obligations if the marriage ever comes to an end.
Simply answer the questions below to personalize your prenuptial agreement. Australias family law allows the parties to marriages and de facto relationships to enter into agreements about what might happen if their relationship ends in a separation. A prenuptial agreement is a contract between two parties which means the parties are free to agree to anything which is lawful.
Free australian prenuptial agreement. Disclaimerthis was not drafted by an attorney should not be used as a legal document. A free pre nuptial agreement for use in australia that can be used by a couple before getting married to pre determine the distribution of assets in the event of a divorce.
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