Financial agreements before marriage


Family Law Act 1975: Section 90B: 

Financial agreements before marriage (pre nuptial agreements)

(1)  If:

       (a)  people who are contemplating entering into a marriage with each other make a written                          agreement with respect to any of the matters mentioned in subsection (2); and

              (aa)  at the time of the making of the agreement, the people are not the spouse parties to any                       other binding agreement (whether made under this section or section 90C or 90D) with                         respect to any of those matters; and

        (b)  the agreement is expressed to be made under this section;

              the agreement is a financial agreement. The people may make the financial agreement with                 one or more other people.

(2)  The matters referred to in paragraph (1)(a) are the following:

       (a)  how, in the event of the breakdown of the marriage, all or any of the property or financial                      resources of either or both of the spouse parties at the time when the agreement is made, or                at a later time and before divorce, is to be dealt with;

       (b)  the maintenance of either of the spouse parties:

              (i)  during the marriage; or

              (ii)  after divorce; or

              (iii)  both during the marriage and after divorce.

(3)  A financial agreement made as mentioned in subsection (1) may also contain:

      (a)  matters incidental or ancillary to those mentioned in subsection (2); and

      (b)  other matters.

(4)  A financial agreement (the new agreement) made as mentioned in subsection (1) may terminate a       previous financial agreement (however made) if all of the parties to the previous agreement are          parties to the new agreement.

Please call AussieLegal on 1300 728 200 for more information on Binding Financial Agreements under Australian law for a fixed price of $1,875.00 including legal advice and certification from 2 independent family law solicitors.