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

 

Family Reports: What You Need To Know

by Resolve Conflict on October 9, 2019

Family Reports What You Need To Know - Resolve Conflict Family LawyersIf you are involved in a parenting dispute and the matter is being heard by the Family Law Courts, chances are you will need to participate in a Court ordered Family Report process.

Under the Family Law Act the Courts have the power to commission experts (Family Consultants) to independently assess and report on the issues surrounding your parental dispute, this then is used to assist the Court in making a decision about your child/ren’s best interests in resolving the matter.

What Is A Family Report?

A family report will often be ordered if the Court believes it will help with the process of determining a child’s best interests.

Written by a family consultant appointed by the Court, the Family Report provides an independent assessment of the issues in the case and can help the judge hearing the case to make decisions about arrangements for the child/ren. It may also help the parties reach an agreement.

In preparing the report, the family consultant considers:

  • The family’s circumstances;
  • Explores issues relevant to the case;
  • Recommends arrangements that will best meet the child/ren’s future care, welfare and developmental needs;
  • The main focus of the report is to consider the best interests of the child/ren.

Who Writes A Family Report?

The Family Report is prepared by a family consultant appointed by the Courts. Family consultants are psychologists and/or social workers who specialise in child and family issues after separation and divorce.

Related Article: Child Custody Myths You Need To Stop Believing

What Does the Family Report Process Involve?

Generally the family consultant will gather information about:

  • The issues in dispute;
  • Past and present parenting arrangements;
  • The parenting capacity of each party;
  • The child/ren’s relationships with significant people;
  • The child/ren’s wishes and views; and
  • Any risks to the child/ren.

Typically, the family consultant with gather this information by individually interviewing each parent and observing them interacting with the child/ren.

Complex cases may also involve interviewing other people who are involved in looking after the child/ren such as grandparents or step-parents. If appropriate, the child/ren may also be interviewed, however, this will depend on their age and the child/ren must consent to the interview.

A family consultant may also request the parents’ permission to contact teachers, doctors or other relevant professionals for more information about the child/ren.

Will I Get Access To The Family Report?

Yes, you or your lawyer will receive a copy of the Family Report prior to the hearing. It is possible (and not uncommon) for matters to settle based on what is contained in the Family Report.

What Happens If I Don’t Agree With The Family Report?

Parental disputes are perceptibly emotional and a stressful process for parents. For this reason it is not uncommon for one of both parties to disagree with the Family Report. It must be noted that the Family Report is only one source of evidence that the Court considers in making its decision. The Court is not bound by any recommendations made in the report. As with any evidence, the appropriate place to challenge the report is the Court itself.

If you wish to challenge the contents of the Family Report at trial you must call the family consultant as a witness. For this to occur, the family consultant needs at least 14 days’ notice in writing. Write to the family consultant at the address shown on your court correspondence.

The family consultant can be cross-examined in court at the hearing. In cross-examination you or your lawyer, the other parties and the judicial officer may ask the family consultant questions about the contents of the report and their assessment of the family.

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

 

How To Tactfully Tell Your Partner You Want A Prenup

October 1, 2019

Broaching the topic of a prenuptial agreement with your partner can potentially be a bit of a prickly conversation. However, with 1 in 3 marriages in Australia ending in divorce, having set out and agreed on how your assets would be split in the event of divorce is a perfectly reasonable safeguard for both parties […]

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Child Custody Myths You Need To Stop Believing

September 25, 2019

There are several child custody myths that cause a great deal of confusion and undue worry for separating parents. Here are our top 5 child custody myths we wanted to debunk for you once and for all. 1. “The Courts will always favour the mother” Untrue. A parent does not have legal “custody” over their […]

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What Will Happen To My Super If We Separate?

September 15, 2019

Superannuation is usually a significant asset that needs to be considered when a marriage or de facto relationship ends. Under the Family Law Act, superannuation is considered as a type of property which can be divided or “split”, either by agreement between the partners or a “splitting order” by the Courts. Couples can also make a superannuation […]

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Short Marriage Property Settlement – What You Need To Know

September 11, 2019

The end of a relationship can happen at any point of a marriage be it a few years to only a few months. So how does the length of your marriage influence your property settlement, specifically if your marriage was short? What Constitutes As A ‘Short Marriage’? A ‘short marriage’ in the context of family […]

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Disputing Your Child Support Assessment

September 4, 2019

If you have recently received your Child Support Assessment and don’t believe that it is correct, you are able to lodge your objection with the Department of Human Services (Child Support). Time Limits On receiving your child support assessment letter you have 28 days to object, either via letter, email or filling in an Objections […]

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Post-Divorce Checklist

August 28, 2019

Going through a divorce and property settlement can without doubt be a laborious process. However, once done there are a few more financial and legal steps you should take. The following is a practical checklist of various legal and financial details you should consider changing once your divorce and property settlement is finalised. 1. Copy […]

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Can My Spouse Refuse To Get Divorced?

August 21, 2019

The end of a marriage is an emotional and trying time, however if one spouse is unwilling to agree to a divorce what happens? Emotionally this can make the process of divorce harder, however legally the process of divorce is still fairly straight forward. Can One Spouse Refuse The Divorce? In Australia, the only grounds […]

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What Not To Do In Mediation Proceedings

August 14, 2019

Mediation is a great vehicle to resolve your dispute respectively, peacefully and privately. There are many benefits of mediation including: It can save you time and money, Allows you to develop your own solutions and agreements, Allows you to have your say, listen to the other parties’ point of view and weigh up options, Provides […]

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You’ve Decided To Separate, Now What?

August 8, 2019

Separating and divorce is an emotional time for most people, on top of that this process is often brand new territory for both parties to navigate, which can be extremely daunting and stressful. The best way to reduce uncertainty and stress is to get as much information as you can on the process of separation […]

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