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Prenuptial Agreements/Binding Financial Agreements – Important Facts

Prenuptial Agreements/Binding Financial Agreements – Important Facts

  • These are lawful in Australia and can be entered into by parties (de facto or married) prior to entering into a relationship, during the relationship or after separation.
  • The agreements deal with how property settlement and spousal maintenance is to be dealt with upon separation and they do not come into effect until the parties separate.
  • Both parties need a lawyer to sign an independent legal advice certificate to make the agreement binding.
  • The agreements need to be carefully drafted so that they comply with legislative requirements and existing current case law.
  • If the agreements are drafted carefully with cooperation by both parties with expert legal advice and due diligence undertaken, then the agreements have good prospects of standing up to any future challenge.
  • There are grounds to set aside these agreements and expert advice from a specialist family lawyer should be sought in relation to such issues.
  • The agreements are not registered with the Court.
  • The agreements are an effective tool for parties to use if they do not want to go through the pain, cost and stress that can be associated with contested property settlement proceedings and often they can save parties substantial time, money and stress in the even that they do separate.

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Privacy Policy

The Privacy Statement of the Company is incorporated into these Terms and Conditions. The Company respects the privacy of all its customers and business contacts. The Company is subject to the requirements of the National Privacy Principles which are contained in the Privacy Act.

1. How is personal information collected?
Your name, email address and phone number are collected on the contact form to allow the Company to contact you.
If you email or phone the Company directly, then the Company may record your personal details.
Your personal information may be used to:
a) Improve service to you, the customer
b) The Company may use personal information about you for marketing and research purposes. If you do not wish this to occur, please contact us and we will ensure this does not occur
c) Your personal information is not disclosed to any organisation outside of the Company.

2. Will personal information be given to anyone else?
The Company does not sell or provide your personal information to any other company.

3. Security of personal information
The Company employees are required, as a condition of their employment, to treat personal information held by the Company as confidential, and to maintain the confidentiality of that personal information.
The Company protects the personal information it collects in a secure database.

4. Access and correction
You can access your data at any time by contacting the Company directly.
You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.
We ask you to contact the Company by email or phone using the Company contact details if you wish to access or correct any of your personal details.

5. Online privacy issues
To the extent that this Privacy Policy applies to online privacy issues, it is to be read as forming part of the terms of use for our website. When you deal with the Company whether online or otherwise, the Company takes its privacy obligations seriously.

6. Additional privacy information and how to contact the Company
The Company may change its Privacy Policy at any time.

For further information about privacy issues and the protection of privacy visit the Australian Federal Privacy Commissioner’s website at If you feel that The Company is not complying with this Privacy Policy, or if you have other privacy concerns, please contact the company.