Financial agreements, sometimes called ‘Pre-Nuptial Agreements’, are essentially private contracts between you and your partner. These contracts set out how you and your partner will divide your property and make spousal maintenance payments in the event of a separation. Importantly, financial agreements do not need to be approved by the Court to make them legally binding.
You can enter into a financial agreement with your partner either before you move in together or marry, or while you are living together, whether you are married or in a de facto relationship, or prior to divorce.
If you are entering into a financial agreement with your partner, you will both be required to receive independent legal advice. At Clancy & Triado we are here to listen to your story and advise you about whether it is in your interests to enter into a financial agreement. We can draft the financial agreement and negotiate the terms of the agreement for you. We can also provide independent legal advice to ensure your agreement is binding.