Binding Financial Agreements
Our team specialises in preparing binding financial agreements, which can be made before marriage or commencing cohabitation (often referred to in the US as pre-nuptial agreements or just a ‘prenup’) or following separation or divorce.
Binding financial agreements are available to married couples and couples in de facto relationships (including same-sex relationships) and are now specifically recognised under the Family Law Act as legally binding.
Couples can use these types of agreements to regulate and/or resolve how their finances will be managed during, or following the breakdown of, their relationship.
In order to be legally binding, you must have legal advice at the time of signing a Financial Agreement, and your lawyer must sign a certificate confirming that such advice has been given.
Binding financial agreements need to be carefully considered and worded to ensure that they consider any structural implications (eg family trusts, companies, self-managed super funds) of the proposed settlement, as well as tax implications and any other consequential matters, such as refinancing obligations.
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Frequently Asked Questions
Family lawyers provide a wide range of legal services. They cover areas like divorce, property settlements, child custody, and spousal maintenance. Family law lawyers can help guide you through the complexities of separation and ensure your rights are protected. They are experts in negotiating and mediating settlements that suit all parties involved.
The cost of hiring a family lawyer can vary. It depends on the complexity of your case and the lawyer's experience. Some family law lawyers charge hourly rates, while others offer fixed fees for certain services. It’s essential to discuss fees upfront to avoid unexpected costs during the process.
You should contact a family law expert as soon as you face any family-related legal issues. Whether it's for separation, divorce, or child support, family law lawyers in Melbourne can provide immediate legal advice. Early consultation ensures you are informed about your rights and options from the outset.
A family lawyer can assist you in navigating child custody arrangements. They provide legal advice and work to achieve the best outcomes for you and your children. Whether you are seeking sole custody or shared custody, family law lawyers will help outline a parenting plan. They can also represent you in court if needed.