BALDWINS • FoodLegal

Australian Lawyers and Consultants

Pre-nuptial Agreements Go-Ahead

April 2001

The Family Law Act has been amended to allow parties intending to marry, or parties already married, to enter into binding financial agreements relating to property and spousal maintenance. Although such agreements (usually called "Pre-nuptial Agreements") have been around for many years, especially for later-age marriages, the Federal Court Family Division has been reluctant to give legal effect to such agreements in the past - although they have had probative evidential effect in some disputes.

The new laws require a legal practitioner to certify that a client has received independent legal advice in very specific terms as set out in new Section 90G of the Act. Baldwins continues to advise in this area, including preparation of agreements in anticipation of later-age marriages and also in working with family law practitioners to resolve family law disputes involving businesses and trusts and the need for specialist capital gains tax advice.

For further information, contact Joe Lederman at BALDWINS, Australian Lawyers & Consultants.

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