Our Gold Coast family lawyers have extensive experience in drafting and providing advice about entitlements and the effect of the financial agreement on you and your future. Whether your pool of assets and liabilities is very straightforward or structured in an intricate and complex way, we can be of assistance to you.
If you are wanting to protect your assets, it is important to know that a financial agreement can have whatever terms you and your future spouse or de facto partner agree to. But once the agreement has been entered into it will become legally binding.
You will both need to get independent legal advice from different family lawyer before you enter into the agreement. The reason for this is that you don’t need to register or have the agreement reviewed by the Court, which means that you both need to know exactly what you are signing up to, by way of the terms of the agreement, and need to know what financial effect it will have on you both. In light of that, there are certain requirements that need to be met.
If you are considering entering into a financial agreement, it is imperative that you speak to an experienced family lawyer who is aware of the requirements needed to ensure the agreement is binding and enforceable.
If you seek advice from a solicitor who is not familiar with the Family Law Act 1975 and cannot articulate the effect the agreement will have on your rights, you may be putting yourself at risk of having the agreement set aside at some future stage.