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How to make a Prenuptial Agreement (Financial Agreement under to s90B Family Law act 1975)

Since March 2009, hundreds of couples (and law firms) have used our unique Financial Agreement Kit and Legal Review Package to protect the assets that each partner brings to the relationship. It’s much easier to do than you might think and you will save a fortune in legal fees. Read on to learn how to make a prenuptial Agreement

How it used to work

Previously, the couple would engage a lawyer to draft their agreement or perhaps one party’s lawyer would draft the agreement and then forward it to the other party’s lawyer for negotiation.

This involved much to-ing and fro-ing by the lawyers to come to an equitable agreement and because lawyers charge by the hour, you can see why the legal fees quickly add up.

Think about it. If you engage a law firm to draft your document, first you will need a face to face meeting to flesh out the details. Your lawyer will ask:

  • What you own?
  • What you owe?
  • When you intend to marry? And;
  • who gets what?

Your lawyer will require your:

  • bank details;
  • account balances;
  • superannuation details;
  • where you live;
  • if you own investment property, what is the address?
  • Do you have a mortgage? Etc.

You will need to provide all this information, and you may need a number of face to face meetings.  If a binding financial agreement is the right path for you, you already know the answers to these questions.

Remember every time you meet with a lawyer, their meter will be running.

You may need to take time off work, and travel to meet your lawyer, and who knows how many follow up emails or meetings you will need until you get the final draft.

It’s expensive, it’s time-consuming, it’s stressful and it’s real pain in the neck.

Don’t be fooled into thinking your agreement is somehow different to everyone else and will be drafted from scratch. Law firms have always used template agreements, and your lawyer will start by populating one with the information you provide.

We now know there is a better way

In contrast, by using our Prenup Kit, you can sit down and work out your arrangements in your own time without worrying about mounting legal fees.

If you have all the information you need about the details of the property division and you know how to use Microsoft word, why would you pay a lawyer upwards of $300 per hour to populate a form?

Doesn’t it make more sense to do this part yourself?

The reality is, most couples have relatively simple arrangement and preparing your prenup agreement will be much easier than you might think, especially if you have someone to help you along the way.

All you need is;

  • a suitable Australian Binding Financial Agreement,
  • someone to lead you personally through the process, and
  • two lawyers who can provide your legal advice.

Fortunately, RP Emery realised reducing the lawyers time on your matter will result in substantial savings, without effecting the quality of the final document.

We have negotiated a reduced fixed rate for our customers with several Nationally accredited lawyers who specialise in financial agreements, who can provide Legal advice over the phone and via email.

No travelling, no time off work, and legal professionals who have completed thousands of agreements that are similar to yours.

With communication speeds as quick as they are, the legal industry is slowly changing, and completing a BFA template before you seek legal advice has proven to be a game changer.

RP Emery’s Binding Financial Agreement kits and legal review system gives you precisely the same result as if you paid thousands to have a lawyer draft the document from scratch, and it will generally cost less than $. Compare that to your other options.    

Our Prenup Template Kit is how you make your own prenuptial agreement – it includes:

  • the Prenuptial Financial Agreement – written in plain English;
  • a Comprehensive User’s Guide which answers most questions;
  • access to the Exclusive Members area which takes you through the process step-by-step;
  • Sample agreement – so you know what the completed agreement should look like;
  • Sample clauses – help you to tailor the document to your own situation – just cut and paste!;
  • a Bonus Will kit because you often need to update your Will when getting married;
  • Complimentary Prenup Agreement assessment – we check your draft agreement to ensure it’s ready for the lawyers and the mandatory Legal Advice. This is how we save you thousands of dollars in legal fees;
  • Access to fixed price Legal Advice so you can get your agreement certified without spending a fortune.

If you are not intending to get married, and wish to live together, you can still make a financial agreement under s90UB or s90UC.

When should you make a Prenup?

If you are planning on getting married soon it is inadvisable to enter a prenuptial agreement within two (2) weeks of your wedding. You won’t find this warning anywhere in the Act it’s just something our lawyers believe could go to proving undue influence.

If the wedding day is imminent and you don’t have enough time to formalise your agreement before the wedding, you can always make a Post Nuptial Agreement after the wedding.

Getting the required Legal Advice

ImportantImportant note: The Family Law Act requires each party to receive independent legal advice before signing the agreement. This ensures both parties fully comprehend their rights before entering the agreement and prevents misunderstandings.

Our financial agreement Legal Review Package is available as an option with this agreement. Watch the video below to learn how it works.

This video shows you how the Document Review Service works – Obtain the Legal Advice component of your Financial Agreement at a low fixed price.

Sample Prenuptial Agreement excerpt

Click for Enlarged Sample Document 1Prenup Agreement Sample 2

Assets Liabilities Sample

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