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 My Spouse Refuse To Get Divorced?

by Resolve Conflict on August 21, 2019

Can My Spouse Refuse To Get Divorced? Resolve Conflict Family LawyersThe 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 for divorce are that the marriage has broken down irretrievably and there is no reasonable likelihood you will get back together.

Both parties aren’t obligated to sign the divorce application, if one spouse doesn’t want the divorce to proceed they have very limited grounds to oppose the divorce and it is likely the divorce will still take place.

Once your spouse has been served the divorce papers they can file a formal Response. This is a document that expresses when someone opposes the divorce and the legal reasons why the divorce Application should be dismissed. The Response is then served on you or your family lawyer.

Sole Divorce Application

If you make a sole application, you are known as the applicant and the other party is known as the respondent. With a sole application, there is a requirement that the application is served upon the other party (respondent), and that appropriate proof is provided to confirm that the application has been served.

Related Article: Applying For Divorce In Australia

How Do I Serve A Divorce?

Service is a requirement to allow the other party to be notified of the pending application for divorce involving them. It is not possible for you to personally serve the divorce papers on your spouse, instead someone 18 years or older will need to serve the divorce papers on your spouse. This can be a family member, friend or a professional process server.

Documents must be served on your spouse at least 28 days before the court hearing if they live in Australia. If they are overseas, the requirement is that documents are served at least 42 days before the hearing.

Documents can be served by post or by hand, and can be on your spouse personally or their lawyer, if their lawyer is willing to accept the documents.

If you’re serving your spouse by post, you’ll want to be confident they will actually sign and return the Acknowledgement of Service (Divorce) to you. If you are not confident that your spouse will comply, it is best to have them served by hand.

If your spouse refuses to take the documents from the server, the server can place them somewhere in the presence of your spouse, stating what they are, and this will fulfil service requirements.

Seeking Legal Advice

It’s advised that you obtain legal advice to understand your rights and responsibilities before apply for a divorce or other application in relation to a divorce. A lawyer can help explain how the law applies to your specific case.

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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