Financial agreements after marriage


Family Law Act 1975: Section 90C:

 Financial agreements during marriage

(1)  If:

      (a)  the parties to a marriage 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 parties to the marriage are not the spouse                     parties to any other binding agreement (whether made under this section or section 90B                       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 parties to the marriage 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 during the marriage, 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.

(2A)  For the avoidance of doubt, a financial agreement under this section may be made before or                after the marriage has broken down.

(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.