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Are pre-nuptial agreements binding?
Financial agreements are binding and enforceable, but only if they are made in a way that follows the procedures required by the Family Law Act.
Financial agreements describe how the property and financial resources are to be divided between the parties if they separate. The agreement may provide for the maintenance of one or both parties.
The agreement must be in writing and signed by each of the parties. It is necessary for each party to have obtained independent legal advice before signing the agreement.
Financial agreements can be terminated by written consent or set aside by a court.
Is it possible to have a binding pre-nuptial or pre-relationship agreement?
The Family Law Act provides for binding financial agreements to be made between parties to a marriage, a de facto relationship, or a same-sex couple. These agreements can be made before, during or after the end of the marriage or relationship. Parties entering into a relationship agree on what will happen in the event that they separate. Parties entering into a second relationship or with substantial assets often like the protection of a financial agreement.
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© Mathews Family Law & Mediation Specialists. All rights reserved.
AFFILIATES
Vanessa Mathews
Managing Director FDRP and Mediator
BCOMM BSW LLB
Accredited Family Law Specialist, FDRP,
Mediator and Parenting Coordinator
Vanessa Mathews is the founder and managing director of Mathews Family Law & Mediation Specialists, and has the rare combination of social work qualifications and experience, combined with nearly 20 years’ experience as a lawyer and mediator; it makes her approach to resolving legal relationship issues both sensible and sensitive.
She is a fully accredited family law specialist, mediator, family dispute resolution practitioner and parenting coordinator with a commerce degree – adding a financially astute aspect to her practice.
Vanessa has extensive experience in complex issues that arise from relationship breakdown, and works in partnership with her clients,
who regularly describe her as empathetic
Vanessa is an active member of the family law profession and
a member of the:
- Law Institute of Victoria, Family Law Section
- Law Council of Australia, Family Law Section
- Resolution Institute
- Australian Institute of Family Law Arbitrators and Mediators
- National Mediation Accreditation System
- Relationships Australia Family Lawyers Panel
- Fellow of the International Academy of Family Lawyers
- Relationships Australia / Federal Circuit Court ‘Access Resolve’ Mediation Service
- Relationships Australia ‘Property Mediation’ Service
Vanessa and Mathews Family Law & Mediation Specialists
are regularly recognised as a ‘Leading Victorian Family
Lawyer’, ‘Recommended Family Law Mediator’ and a
‘Leading Victorian Family Law Firm’ by Doyle’s Guide to
the Australian Legal Profession.
Get Started With Vanessa
Book A Free Consult
Vanessa Mathews
Managing Director FDRP and Mediator
BCOMM BSW LLB
Accredited Family Law Specialist, FDRP,
Mediator and Parenting Coordinator
Vanessa Mathews is the founder and managing director of Mathews Family Law & Mediation Specialists, and has the rare combination of social work qualifications and experience, combined with nearly 20 years’ experience as a lawyer and mediator; it makes her approach to resolving legal relationship issues both sensible and sensitive.
She is a fully accredited family law specialist, mediator, family dispute resolution practitioner and parenting coordinator with a commerce degree – adding a financially astute aspect to her practice.
Vanessa has extensive experience in complex issues that arise from relationship breakdown, and works in partnership with her clients,
who regularly describe her as empathetic
Vanessa is an active member of the family law profession and
a member of the:
- Law Institute of Victoria, Family Law Section
- Law Council of Australia, Family Law Section
- Resolution Institute
- Australian Institute of Family Law Arbitrators and Mediators
- National Mediation Accreditation System
- Relationships Australia Family Lawyers Panel
- Fellow of the International Academy of Family Lawyers
- Relationships Australia / Federal Circuit Court ‘Access Resolve’ Mediation Service
- Relationships Australia ‘Property Mediation’ Service
Vanessa and Mathews Family Law & Mediation Specialists
are regularly recognised as a ‘Leading Victorian Family
Lawyer’, ‘Recommended Family Law Mediator’ and a
‘Leading Victorian Family Law Firm’ by Doyle’s Guide to
the Australian Legal Profession.
Get Started With Vanessa