Prenup After Marriage: Is It Possible?
So, you’ve tied the knot, but you’re wondering if it’s too late to get a prenup. Good news! It’s never too late. In Australia, you can get a postnuptial agreement, which is essentially a prenup, but after you’ve said “I do.” Prenup vs. Postnup: What’s the Difference? A Binding Financial Agreement (BFA), colloquially referred to as […]
Prenup vs. Will: Let Us Help You Understand the Difference
When considering the management of assets, many Australians weigh the benefits of a prenuptial agreement (prenup) against those of a will. Both legal instruments serve to clarify the allocation of assets, but they do so at different stages of life and under varying circumstances. A prenup is a contract entered into before marriage or a […]
Ex-Wives and Lottery Wins: Protecting Your Prize
So, you’ve hit the jackpot, and you’re probably wondering, “Can my ex wife claim my lottery win?” The short answer is it’s complicated but possible. Now, let’s dive into the nitty-gritty of Australian family law to unpack that answer. First things first, Australia follows a “no-fault divorce” system. This means that the reason for the […]
How to Protect Your Inheritance from Your Spouse
Inheriting assets or wealth from a loved one can be a bittersweet experience. Still, it also raises important considerations, especially when you have concerns about protecting your inheritance from your spouse in Australia. In family law, preserving your inheritance from potential relationship breakdowns requires a comprehensive understanding of the legal system and proactive measures to […]
3 Important Factors Influencing Binding Financial Agreement Cost
When considering the legalities of managing assets and financial matters, especially in a relationship breakdown, the Binding Financial Agreement (BFA) cost often comes to the forefront of discussions. In Australia, understanding the expenses involved in drafting and executing a BFA is crucial for individuals seeking to protect their financial interests without encountering unexpected costs. What […]
Can a Prenup Be Thrown Out: 5 Reasons You Should Know
In Australia, prenups are legally recognised as financial agreements under section 90B of the Family Law Act 1975 and are generally binding and enforceable. However, there are scenarios where a court may choose to set aside or invalidate these agreements, thus raising the question: Can a prenup be thrown out? Reasons Why Prenups May Be […]
Thorne v Kennedy: An Australian Family Law Landmark Case
Thorne v Kennedy is a landmark case in Australian family law that has set a precedent for prenuptial agreements. The case involved Ms. Thorne, a 36-year-old woman, and Mr. Kennedy, a 67-year-old man, with a significant age and wealth gap. They met online and decided to marry. Mr. Kennedy had assets worth between $18 and […]