Should I Get A Prenup?

Family Lawyer Near Me

Most people believe that only celebrities and the rich and famous deal with such things as prenuptial agreements or prenups. But a prenuptial agreement is a smart way of setting out financial wishes should a marriage end up in either divorce, or a partner passes away. A prenup may be considered uncouth or unromantic, but it can secure a person’s future should things go wrong in a marriage. 

What exactly is a Prenup?

According to Family law lawyers, prenuptial agreement is a contract – legally binding – between two individuals before they are married. The contract typically outlines the framework for how financial matters will be decided should they divorce in the future. 

The agreement can cover areas like inheritance, businesses, property, and income that either party owned before the marriage, or acquired as they were married. If you want to know more about prenups, you can search online for “family lawyer near me”. 

What Makes a Prenup Binding?

Prenuptial agreements or prenups are covered in the Family Law Act of 1975. For as long as they meet the following requirements, they are considered legally binding:

  • The agreement or contract must be in writing and signed by both parties
  • Both individuals must be legally adult
  • Each individual must have received the independent advice of family law lawyers who would have thoroughly explained both the pros and cons of the prenup
  • The lawyer of each individual must have a signed statement that they have provided legal advice regarding the prenuptial agreement

 If any of the above is met, the contract will be considered non-binding. 

Benefits of a Prenup

Most family law lawyers agree that there are several reasons why a prenup is a good idea should there be a divorce, and some of them are:

  • It protects the business of one individual from being controlled or divided by the former spouse
  • The amount of spousal support that will be payable to the former spouse will be limited
  • Protects the interests of people who have considerable assets or wealth
  • Inheritance rights of children or grandchildren who may exist as a result of a previous relationship or marriage are protected
  • Provides clear expectations which enable each party to proceed with the marriage without anxiety or worry about the future, if things go wrong

For a better idea of how a prenup can benefit you, you can look for a “family lawyer near me” and ask them for more information.


Location: Canberra ACT 2601, Australia

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