A Pre-Nup which is known as a Binding Financial Agreement under Australian Law, is a financial agreement between two parties in respect of maintenance of one of the parties, property of those parties and property settlement of those parties. The maintenance of the children of those parties can be documented in a Binding Child Support Agreement. These are two separate documents.

A property settlement pursuant to the Family Law Act takes into account the assets of the parties at the time of the settlement, not at the time the relationship ended. This means that although the relationship may be over, the entitlement of your former partner to claim against any new income generated by you may not be. It also means that the parties have to be mindful when disposing or selling items that existed during the relationship.

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What to expect when you see a family lawyer about property settlement

Your marriage is over and you decide its time to see a lawyer about what you are entitled to. Sometimes seeing a lawyer can be daunting and confronting. Particularly having to talk about personal and private issues. You are not really sure how it all works.

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Spousal maintenance

The ending of a marriage or long-term defacto relationship, while being a very emotionally challengingly time, can also be a time of severe financial hardship.

Often people find it almost impossible to make ends meet after the breakdown of a relationship where they have previously been financially dependent on their partner.

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