Prenuptial Agreement and lawyers fees
Financial Agreements, including prenups, are really important documents because they often deal with hundreds of thousands of dollars in assets, superannuation and debt. It will finally determine a wife, Husband or de facto partners claim for a large amount of money.
So it’s absolutely crucial that they are done properly. If not, then a Court can set them aside and this means that your Agreement is not worth the paper it’s written on.
This happened in a case recently before the Family Court about a prenuptial agreement. The parties separated and the Wife sought spousal maintenance from the Husband. The Husband sought to rely upon the prenuptial agreement that said no spousal maintenance should be paid. The part of the Agreement dealing with spousal maintenance was not properly drafted in accordance with s90E of the Family Law Act, the Court set aside the Agreement and ordered the Husband to pay $500 per week to the wife and various other expenses (for any geeks out there see Guild & Stasiuk  FamCA 167).
Be confident that your Agreement was done right the first time by retaining an experienced, specialist family lawyer. It’s well worth it for both of you.
For assistance regarding Binding Financial Agreements, contact our experienced family law team on 5576 9999.
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