A prenuptial agreement is a legal document signed by a couple before getting married to determine how assets are likely to be divided in the event of a divorce.
Many people are hesitant to bring up the idea of a prenuptial agreement with a partner before marriage. After all, the possibility of divorce isn’t something you want to think about when getting married. However, much like insurance, it’s helpful to have in place if the worst does happen.
It’s worth hiring the help of lawyers when getting a prenuptial agreement drawn up. By choosing to work with Maatouks Law Group, you’ll have access to some of the best prenuptial agreements lawyers in Sydney.
All married couples to be can benefit from signing a prenuptial agreement before giving their vows. It’s a small precaution that can protect you if things don’t go as planned. In many cases, prenuptial agreements can also be ways of establishing trust before going into a marriage.
Some individuals can particularly benefit from a prenuptial agreement. For instance, you may have a business or assets that you want to hand down to children from a previous marriage – a prenuptial agreement can prevent such purchases from automatically going to your spouse if you get a divorce. Likewise, suppose someone has many more assets than their partner when going into a relationship. In that case, it could also be worth creating a prenuptial agreement.
Our team of prenup lawyers can offer more information on these agreements for those that still have questions. You can also check out some of these frequently asked questions below for further details.
What is covered in a prenuptial agreement?
Prenuptial agreements can help determine which partner gets which assets in the event of a divorce or separation. This includes real estate, cash, joint investments, businesses and inheritance. Clauses can even be added to protect a partner from having to take on debts. Custody over children is generally not something covered in a prenup, although custody over pets can be. It could be worth organising a consultation with us to determine exactly what can be covered in this agreement.
Can de facto couples apply for a prenuptial agreement?
De facto couples (couples living together but not married) can also apply for a prenuptial agreement in all states except for Western Australia. A de facto prenup could be worthwhile if you are in a steady relationship and want to maintain control over certain assets such as your home or savings. You can organise a consultation with Maatouks Law Group today to learn more about how de facto couples are affected.
Do prenuptial agreements apply to same-sex marriages?
Both same-sex couples and opposite-sex couples can apply for prenuptial agreements. The rules as to what can be included in an agreement are the same. If you are thinking about entering a same-sex marriage, consider whether a prenup could be worthwhile.
Can prenuptial agreements be overturned?
There are cases where prenuptial agreements may be overturned. For instance, if an agreement was signed without a partner knowing what they were signing, it could be made void. In addition, if certain assets were not declared when initially creating a prenup, this too could affect the legitimacy of a prenuptial agreement. For advice on contesting a prenup, talk to us.
Can you draw up a prenuptial agreement without hiring prenuptial agreement lawyers?
For a prenuptial agreement to be legally binding, you will usually need to hire the help of lawyers – or at the very least seek out legal advice. A prenuptial agreement may be overturned if it does not contain a statement from a legal practitioner. In other words, you shouldn’t attempt to create a prenup without lawyers at your side. Get in touch with prenuptial agreements lawyers in Sydney today to make sure your agreement is legally binding.
Maatouks Law Group has been dealing with family law affairs for 30 years. We’ve established offices across Sydney, including in Liverpool, Sydney CBD, Narellan and Penrith. On top of prenuptial agreements, we have experience in divorce, child custody and other family matters. Our staff are experienced and friendly – we treat our clients as people, not legal problems. So don’t hesitate to call us today to book a free consultation with our prenuptial agreements lawyers in Sydney.