Family Law: Need your help (1 Viewer)

[nicole]

Hi guys, I was just wanting to ask a quick question. Does anyone here know if pre-nuptial agreements are legally binding. My textbook says that they are not but I vaquely remember someone telling me that the law had changed. Any ideas?

 

[speed_bump]

As far as i know they have no legal status, however the family court usally considers such agreements.

 

[chip]

they are binding but only to a certain degree..... the court can intervene if they find them to be unfair...... its a sketchy area.... thats probably why the textbook is vague

 

[kewell101]

Binding if both parties recieved independent legal advice. Not binding if they are unfair.

 

[MiuMiu]

The court will consider them but no, they are not legally binding, because division of assets is calculated on basis of future need and issues such as child maintenance

 

[nicole]

I borrowed a new textbook from school and in relation to pre-nuptial agreements it said that "Under the Family Law (Ammendment) Act 2000, a pre-nuptial agreement is now legally recognised and enforceable under the Family Law Act 1975. The changes mean the Family Court must enforce the terms of the agreement unless a couple's circumstances have altered to the extent that enforcement would cause a serious injustice.... each partner will require separate legal representation in order to enter a binding agreement."

 

[MiuMiu]

Why did u ask if u knew the answer??

 

[nicole]

I didn't know the answer when i asked the question. I had to research it to find that out. I posted what I found out so that those who had replied could see what another resource said, thats why.

 

[swisstruffles]

for pre nups, or actually Binding Finaicial Agreements as we call them in Aussie, they actually don't have to be just or fair, it is only enforceable if both parties agree to it!!

 

[Crezzo]

pre nuptial agreements are not binding but they are taken into concideration on cases.

 

[krayziekarnevil]

Originally posted by Crezzo
pre nuptial agreements are not binding but they are taken into concideration on cases.

^^ yes true.

The Family Law Reform Bill 1994 (2) (Cth) would make them legally binding, however, that is NOT the case atm

 

[adamj]

I have heard they have come into legal existance recently, however onlypre-nups signed after the commencment of the reform. Previously, pre-nups were considered but not binding - we have not tested a pre-nup yet.