If you are planning on getting married in the near future, and you have assets that you would like to remain yours in the event that the marriage should fail, you need to have a prenuptial agreement. In order to do this, you will need to retain legal services to make sure that everything is drawn up properly meets all requirements or laws in your state or territory.
You don't have to be a millionaire to want a prenuptial agreement. In addition to protecting your current assets, this agreement can also protect future assets that are gained during the marriage:
Retain Your Own Legal Services
Each party must have their own legal services. This is to make sure that there is no conflict of interest that can be contested later on. You must hire a lawyer who is working in the Australian jurisdiction, even if you have interests in other countries, because this is where you reside. Cases have been overturned because people choose to get legal services from lawyers who practice outside Australia.
When you are interviewing potential lawyers, make sure that you have a list of questions prepared. Find out their level of experience with prenuptial agreements, and ask them to outline what they will do to ensure that your assets are protected.
Timing is Essential
There are a lot of details involved in a prenuptial agreement, so it is not something that you can decide to do just a few days before your wedding. It is a good idea to begin the process months before the actual wedding date. This will give both parties plenty of time to make sure that the agreement is fair, and that no one is under any pressure to sign documents they aren't ready to sign. If a person does feel pressured to sign this agreement, they can use this as an argument in court, saying that they were coerced into signing so it should not be binding.
Once everything that is going to be in the prenuptial agreement has been decided upon, it must be put into writing. The creation of the draft, and the signing of it, should all be done with at least one but preferably both lawyers present. In the agreement, there must be complete disclosure of all of the assets, income, liabilities, and expenditures of both parties. If everything has not been disclosed, this can be the basis for canceling the agreement in the event of a divorce.
Contact a company like Adams & Co Lawyers Pty Ltd to learn more.Share