Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Where to download prenuptial template

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
tasshhh View Drop Down
Newbie
Newbie


Joined: 04/May/2013
Location: Australia
Posts: 2
  Quote tasshhh Quote  Post ReplyReply Direct Link To This Post Topic: Where to download prenuptial template
    Posted: 19/June/2018 at 22:08
I am on a student visa, looking for a template for the prenuptial agreement as I own a property in Sydney. If anyone could please link me a prenuptial agreement template used in NSW, also details for a cheap/reasonable priced lawyer to sign the agreement in Sydney would help me so much.

Thanks

citizen-joe View Drop Down
Senior Member
Senior Member


Joined: 09/October/2005
Location: Australia
Posts: 629
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 20/June/2018 at 00:21
In Australia, a prenuptial agreement is referred by the Family Law Act as a Binding Financial Agreement (BFA). A prenup is a legally binding financial agreement between two people who are meaning to get married (a similar agreement can be prepared if two people are planning to live together in a de facto relationship).

A prenup records what assets and debts each person brings into the relationship and states what will happen in the event that the relationship breaks down (separation or divorce), and how the couple’s finances will be divided.

1   Prenups must comply with strict legal guidelines as outlined in the Family Law Act (1975).
2 They must be in writing.
3 Each person must have received independent legal advice before signing the prenup.
4 The legal advice provided must have come from a lawyer in the Australian jurisdiction.
5   Each person must have signed the prenup voluntarily (free from coercion, duress or undue influence). This means one person cannot tell the other that they will not marry them unless they sign a prenup.
6   The prenup should contain a complete disclosure of each person’s financial standing.

You should each work out what it is that you want then individually see your own solicitor for advice. Once this is done and the final wording agreed to, you each sigh in the presence of your own independent solicitor who will sigh that you are each making these decisions of your own free will and that you have each received independent legal advice.

Unless the BFA is made this way, it is unenforceable in a court.

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.