Prenups For Lovers: Why Prenuptial Agreements Are Actually Romantic - Resolve Conflict Family Lawyers

Nobody gets married with the thought of getting divorced, so often a prenuptial or financial agreement is seen as unromantic or worse, assuming the relationship will end at some point.

However, another school of thought is that a prenup agreement is just a safeguard, comparable to insurance, nobody plans on having their house burn down, but sometimes unforeseen things do happen to all of us. A prenup is akin to ‘relationship insurance’, if you have it you’re less likely to need it.

What is a Prenuptial Agreement?

A prenuptial agreement, known as a Binding Financial Agreement in the Family Law Act, is a legally binding financial agreement between two parties to a marriage or de facto relationship, that stipulates their financial agreement should the relationship break down.

The Family Court of Australia states;

You can make a financial agreement before, during or after a marriage or de facto relationship. These agreements can cover:

  • financial settlement (including superannuation entitlements) after the breakdown of a marriage or a de facto relationship
  • financial support (maintenance) of one spouse by the other after the breakdown of a marriage or a de facto relationship,
  • any incidental issues.

For a financial agreement to be legally binding, you must both have:

  • signed the agreement, and
  • received independent legal and financial advice before signing.[1]

Why Prenups (Binding Financial Agreement) Are Actually Romantic

1. A prenup forces you to talk openly and honestly about your finances

Recent research shows that Australian couples regularly argue about money, more than other issues in their relationships. This may be contributed to the fact that many couples find it hard to talk about money. Money is often a very personal topic, as well as many couples having very different experiences and different values about money. A Binding Financial Agreement, facilitated by an experienced and sensitive lawyer, can help prepare you for a lifetime of financial health and help you create a strong foundation to discuss finances and save you countless arguments in the future.

Related Article: Relationship Resolutions Couples Should Make For 2019

2. A prenup helps you plan your financial future together

Discussing your future financial goals together helps both parties understand what each other is wanting for the future, be it buying a house, going travelling or having children. Understanding these goals and timelines will undoubtedly reduce stress and dissatisfaction within the relationship later on.

Through this discussion you can opening disclose both parties’ current financial situations, attitudes towards spending and saving as well as working out who or how the household finances will be managed.

As you can see a prenup doesn’t have to be all doom and gloom for a couple, it in fact can pave the way to a healthy and happy relationship for couples and their finances.

Note: This is general information advice only and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters, please contact us on 03 9620 0088 or email info@resolveconflict.com.au

[1] 2016, What are financial agreements?, Family Courts of Australia, viewed 14 March 2018, http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/property-and-finance/if-you-agree-about-property-and-money/

 

At Resolve Conflict Family Lawyers and Mediators our focus is always on the children and finding divorce solutions that keep their welfare front and centre.

Coping with parenting when your children are split between two households and two parents, and in some cases, partners and grandparents, is difficult.  You need patience and a good dollop of kindness and understanding to manage your children.  You also need to have a commitment to consistency between parents.  Setting boundaries and keeping disciplinary measures in place will make life easier for everyone all round, including the children.

Here are some tips that will help you along the way:

  • Try to keep the same rules in place that were followed before the separation. If your kids weren’t allowed to watch television after 6pm don’t suddenly decide that it is OK for them to do that. When kids are feeling like their world is changing, they need to have some sameness in their daily routine.  Maintaining household rules and standards can give them a sense of stability.

 

  •  If you have a less than cordial relationship with your ex try to enlist the help of a 3rd party to discuss discipline for the children.  To have consistency across both homes will be a great help to you both, no matter how hard that is to achieve.

 

  •  No matter how hard it is, for your children’s sake, don’t reverse each other’s decisions.  It will only confuse your children.   And don’t say yes when you had agreed to say no.

 

  •  Most of all – don’t discuss your personal views of the other parent with your child and never try to turn your children against the other parent. Remember, this person is still your child’s father or mother and they deserve the right to have their relationship with them untarnished by your views.  In years to come they will be able to make up their own mind, but for now, hold your tongue. No matter how hurt or angry you are, keep your opinions to yourself and spend some time venting with a close friend, not your children.

 

  •  Living between two houses can be tough.  Try to achieve a routine that kids can feel comfortable with which will help make them feel secure, and help them manage the division of clothes and other personal items at home and school so they never have the added stress of being without something as it’s at ‘the other parents house’.

It can be a difficult and awkward time transitioning to a two-parent lifestyle but a good result can be achieved. Above all keep talking with your children about how they are feeling and what they are experiencing.

For more information on how you can separate and divorce with or without court please contact our office  – 9620 0088

 

Can I Get My Marriage Annulled?

by Resolve Conflict on June 12, 2019

Can I Get My Marriage Annulled? - Resolve Conflict Family Lawyers

What Is An Annulment Of Marriage?

In Australia an annulment of marriage is legally referred to as a ‘decree of nullity of marriage’, which is governed by the Family Law Act.

A decree of nullity is a finding that there was no legal marriage between the parties, even though a marriage ceremony may have taken place. If the decree of nullity is granted by the Court, it is effective immediately. 

A decree of nullity does not include any issues relating to children or property matters. An application for the division of property must be done within 12 months of the date of the granted declaration of nullity.

Related Article: Are You Running Out Of Time? Understanding Time Limits In Family Court Matters

Grounds For Nullity

The Court may declare a marriage invalid on the following grounds:

  • At the time the parties were married, one of them was married to someone else.
  • The parties are in a prohibited relationship.
  • The parties did not comply with the laws in relation to the marriage in the place they were married.
  • Either party was not of a legal age to marry.
  • Either of the parties did not give their real consent to the marriage because:
    • consent was obtained by duress or fraud,
    • one party was mistaken as to the identity of who they were marrying or the nature of the ceremony,
    • one party was mentally incapable of understanding the nature and the effect of the marriage ceremony.

The Court will NOT declare a marriage invalid on the following grounds:

  • Non-consummation of the marriage
  • Never having lived together
  • Family violence, or
  • Other incompatibility situations.

How To Apply For Nullity

To apply for nullity, you must file an Initiating Application. You will also need to prepare an affidavit stating:

  1. The facts relied on to have the marriage annulled, and
  2. Details of the type of marriage ceremony performed.

You or the other party must fit one of the following to apply for a decree of nullity:

  • Be an Australian citizen
  • Live in Australia and regard Australia as your permanent home
  • Ordinarily live in Australia and have done so for at least 12 months before the application.

Applications for having your marriage annulled have to be made in the Family Court. There will be a court filing fee, but you may apply to the Family Court of Australia to have this reduced in certain situations. 

Note: This is general information advice only and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters, please contact us on 03 9620 0088 or email info@resolveconflict.com.au

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Different Custody Arrangements That Might Work For You

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Divorce signifies the end of a relationship, however for divorced parents it also signifies the beginning of a new type of relationship – the co-parenting relationship. Devising custody agreements and putting them into practice can be time consuming and emotionally draining for parents and children involved. If you have joint custody of your children with […]

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