Tag: Marriage and De facto

Quick answer: Yes, a de facto prenup, formally a Binding Financial Agreement, lets unmarried couples set out how assets and liabilities will be split if the relationship ends. It can be signed before moving in together, during the relationship, or even after separation, as long as both parties get independent legal advice. Done properly, it […]

We’ve all heard those love songs lyrics telling us, “I want somebody who will spend some time, baby don’t rush, we’ve got the time”. Well, who would have thought they were talking about a prenup agreement! If you’re contemplating a prenup or binding financial agreement before the wedding day then the best advice you will […]

De facto couples often wonder about the legal time limits that apply to their relationship, in particular those associated with making an application to the Court for a property settlement order. Can my ex-partner (de facto) apply to the Court for a share of my property? It is important to note that de facto couples […]

Each month when we send out our newsletter we invite you to send us a Burning Question on topics such as leasing property, family law, employment or general business contracts. In April we were sent this one: “Why do some say that they are absolutely necessary and others say that they are very easy to […]

Quick answer: Prenuptial agreements in Australia, known as Binding Financial Agreements, are not something to just sign without thought. To hold up under the Family Law Act, both parties need genuine consent, full disclosure of assets, and proper capacity to agree. Agreements signed under pressure, duress, or with hidden assets can later be overturned by […]

The term “Sexually Transmitted Debt” is used to describe debt incurred by one party in a relationship on account of the other.  Women are more likely than men to incur an STD. Sexually Transmitted Debt is debt incurred by one partner in a relationship on account of the other partner. Sexually transmitted debt usually takes […]

Planning ahead: estate planning considerations for families, blended families and single parents It is undeniable that becoming a parent is a major milestone in most people’s lives. Taking on the responsibility for children can make you think about what would happen if you weren’t around anymore. Contemplating death is not a particularly happy subject but […]

Same sex de facto couples have been recognised under Australia’s family law framework since 2008. Same sex (and heterosexual) de facto couples now enjoy substantial rights and avenues of legal recourse that were once only enjoyed by married couples. The family law allows same sex couples legal avenues to address family related matters including:- property […]

It is often the case that a party who is thinking of making a Financial Agreement is reluctant to divulge their financial information to the other party. It is a requirement of the law that each party to a financial agreement must make full and honest disclosure of all material matters. Whether it be a […]

Quick answer: The best way to raise a cohabitation agreement is early, well before moving in, in a calm, unhurried conversation rather than presenting a finished document out of nowhere. Start with why the agreement is important to you before the specifics, since surprising a partner risks the agreement later being challenged for duress. De […]