Prenuptial Agreements in Melbourne

What is a Prenuptial Agreement?

In Australia, these are legally known as “Binding Financial Agreements” and can be made:

  • Before marriage (prenuptial)
  • During marriage (postnuptial)
  • After separation or divorce
  • At any time during a de facto relationship

Do You Need One?

This is a personal decision. Consider a prenuptial agreement if you:

  • Have substantial assets
  • Own a business
  • Expect a future inheritance
  • Have children from previous relationships
  • Want clarity about financial matters
  • Have family trusts or complex financial arrangements
  • Own property in Victoria or elsewhere

Note: We cannot advise whether you need one - this is a personal legal decision requiring professional legal advice.

For a binding financial agreement to be valid:

  • Both parties must get independent legal advice
  • Both lawyers must sign certificates of advice
  • Agreement must be signed by both parties
  • Must be properly drafted by a qualified legal professional
  • Full financial disclosure is required
  • Cannot be made under duress
  • Must comply with the Family Law Act 1975

What Can Be Included

A prenuptial agreement typically covers:

  • Division of property and assets
  • Financial support arrangements
  • Asset protection strategies
  • Business interests and ownership
  • Inheritance matters and expectations
  • Superannuation entitlements
  • Future earnings and income
  • Debt responsibilities and allocation
  • Investment properties
  • Family businesses
  • Trust distributions

Timing

  • Should be discussed well before marriage
  • Must be finalised before wedding day
  • Allows time for proper legal advice
  • Prevents last-minute pressure
  • Enables thorough consideration
  • Recommended minimum 3-6 months before marriage

Getting a Prenuptial Agreement in Melbourne

  • Consult a Victorian family lawyer
  • Understand your rights under Australian law
  • Get professional guidance
  • Discuss your specific situation
  • Consider Victorian property laws

Step 2: Full Disclosure

  • List all assets and debts
  • Provide comprehensive financial documentation
  • Be honest and thorough
  • Include future expectations
  • Value Victorian properties professionally

Step 3: Negotiation

  • Discuss terms with your partner
  • Consider both parties’ needs
  • Be fair and reasonable
  • Allow time for consideration
  • Consider future Victorian investments
  • Both parties need separate Victorian lawyers
  • Must get certificates of advice
  • Understand all implications
  • Ask questions if unsure
  • Consider interstate implications

Cost Considerations

  • Legal fees for both parties
  • Document preparation costs
  • Independent advice fees
  • Possible registration fees
  • Future review costs
  • Property valuation fees if required

Important Notes

  • Cannot be arranged through our office
  • Requires specialist legal advice
  • Must be completed before marriage
  • Can be challenged if improperly prepared
  • Should be reviewed periodically
  • Consider Victorian property market implications

Contact:

  • Law Institute of Victoria
  • Victorian family law specialists
  • Victoria Legal Aid
  • Community legal centres
  • Women’s Legal Service Victoria
  • Victorian Aboriginal Legal Service

Family Law Specialists

  • Melbourne CBD law firms
  • Suburban family lawyers
  • Legal Aid Victoria offices
  • Community legal centres

Support Services

  • Financial counsellors
  • Property valuers
  • Accountants
  • Financial advisers
  • Mediation services

Common Questions

Q: Can we write our own agreement?

A: No, it must be prepared by a qualified legal professional to be binding.

Q: Do both parties need lawyers?

A: Yes, independent legal advice from Victorian lawyers is mandatory.

Q: Can it be changed later?

A: Yes, but both parties must agree and get legal advice again.

Q: Does Victorian law affect our agreement?

A: While family law is federal, state property laws may be relevant.

Our Role

The Melbourne Marriage Office:

  • Cannot provide legal advice
  • Doesn’t arrange prenuptial agreements
  • Can refer you to Melbourne legal professionals
  • Focuses on marriage services only
  • Maintains list of local legal resources

Further Resources

  • Federal Circuit and Family Court of Australia (Melbourne Registry)
  • Victoria Legal Aid
  • Law Institute of Victoria
  • Justice Victoria
  • Victorian Civil and Administrative Tribunal
  • Financial counselling services

Local Support

Melbourne offers extensive support through:

  • Community legal centres
  • Family relationship centres
  • Financial counselling services
  • Property valuation services
  • Mediation centres
  • Legal aid offices

Note: This information is general in nature and not legal advice. For specific advice about prenuptial agreements, please consult a qualified legal professional in Victoria.

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