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Friday, March 16, 2012

Pre-Nuptial Agreements

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Pre-nuptial agreements are like a key to your property, if you don¡¦t make a key which is the pre-nuptial agreement then in the future your partner will have access to your property thus leaving you defenseless. In this oral presentation it will be discussed how the pre-nuptial agreement work and what can be achieved if one is acquired before or during the marriage. In addition, the problems of marriage and property splitting will be one of the discourses.


Since we do not get married with an eye towards the divorce courts, many Australians fail to consider the benefits of a prenuptial agreement. A financial agreement is a contract entered into between both parties either prior or subsequent to the wedding date that addresses a range of issues determined by the Family Law Act 175.


Pre-Nuptial Agreements Australia or PNA was established in June 000 to identify cost effective legal service providers and develop a free information resource for all Australians.


The agreement is designed to help people decide how to deal with each other both during the marriage and in the event of a separation at least so far as financial matters are concerned. At this time there is a Pre-Nuptial Agreement legal Kit that can be acquires for around $4.5. These kits are to help resolve any dispute which may arise in the future. If you are asking me if you should get it I strongly advise you all out there to get it because you never know what will happen in the future. These kits are addressing the following. They


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„� allow you to quickly and easily document your individual assets;


„� give you background knowledge of the law;


„� help you resolve any future financial dispute; give you peace of mind; and save you hundreds or even thousands of dollars in legal fees


However, at present, the Family Law Act does not specifically recognize or enforce pre-nuptial agreements. The relationship between a pre-nuptial agreement and the Family Law Act in particular in relation to altering property interest, is not established.


Undoubtedly it is a factor to be taken into consideration along with other factors by the court. However, If there have been any transfers or dealings with property in reliance upon the pre-nuptial agreement, then Section 85A of the Family Law Act gives to the court the power to set such transfers or dealings aside if it considers it is fair to do so with respect to the whole or part of the property that is dealt with in that agreement. Indeed that section enables the court where it considers it just and equitable, to make orders in relation to any property which is dealt with in a pre-nuptial agreement.


At the very least, unless there is strong evidence to the contrary or evidence of duress, a properly drafted pre-nuptial agreement should provide clear evidence of what the assets of the parties were at the time of the agreement (that is prior to the marriage), and the values of those assets.


However, if the parties to a marriage have subsequently acquired more assets together and/or they have not acted in accordance with the terms of their pre-nuptial agreement, then the court will subsequently enforce the terms of that agreement. It is likely that the court will make orders that are just and equitable in light of all the circumstances, which may well be something different from that anticipated by way of the pre-nuptial agreement. The Family Court when dealing with property following the breakdown of a marriage is compelled by the Family Law Act to take into consideration many factors, such is the factor of how many children there is and who will be their guardian. In addition, if for example a mother decides to take a care of children then she may be entitled to wider extent of assets. Consequently, Prenuptial Agreements can also deal with property division and also spouse maintenance.


They can take into account anticipated changes such as children being born and the length of a marriage, by providing for different asset splits, depending on how long the marriage lasts, how big the asset pool is, or how many children are born to a couple. You cannot, however, enter into a Prenuptial Agreement that claims to make arrangements for where children should live if a marriage breaks down, how often they will have contact with a parent, or how much child support will be paid. Parenting and child support matters depend on the best interests of a child. You cannot contract out of those matters. Additionally, even if a marriage is in existence at this point you can still enter into a financial agreement. It is because the Australian law is unique, and in that it allows couples who are already married to enter into a binding Financial Agreement that provides for how assets are to be divided if the marriage later breaks down. Both husband and wife must consent to the Financial Agreements terms and be independently legally advised. Furthermore, if a break down erupts between the family then usually the parent that has a day to day care will be entitled to the child support from the other parent. The court will usually point out how much should there be of support. But, to avoid the court fees and other mental difficulties never trust your partner because you never know if they are true or not. Therefore, make that little pre-nuptial agreement before you proceed with any further planning and try not to have big superannuation in case that your ¡§partner¡¨ decides to rob you of your dignity. Furthermore, it would be advisable not to have any children until few years of confidence is earned because if a child is in existence and a divorce is on the way than your properly will be more on your partners side if he/she has the custody of the child.





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