Financial Agreements, Prenup, Postnup, De Facto, Gay Lesbian, Separation Divorce
What is a Financial Agreement?
A FINANCIAL AGREEMENT (FA) is a written agreement, which complies with Part VIIIA or Part VIIIAB of the Family Law Act 1975 (“the act”). Financial agreements deal with the difficult issue of how to divide property and financial resources in the event of a relationship breakdown.(Known more commonly as a ‘Property Settlement’) Amendments to the Family Law Act which came into effect on the 1st March 2009 now make it possible for all couples to make a financial agreement, whether they be hetero de facto, same sex de facto or married.
Commonly know as cohabitation agreements, pre nuptial agreements (prenup,pre nuptual), post nuptial agreements (postnup), or separation and divorce agreements – financial agreements allow a couple to decide in advance what would be a fair division of their assets as an alternative to the costly option of having the courts impose a solution.
De facto Couples and Same Sex Couples
De Facto/Cohabitation Agreement 90UC
De Facto Separation Agreement 90UD
Married Couples
Prenup / Pre Nuptial Agreement 90B
Why would I consider a Financial Agreement?
- Avoid potentially divisive issues that could arise if you ever separate.
- Specify ground rules for buying and owning property.
- Coordinate and support your estate plans, to be sure that family property passes as you wish.
- Avoids costly litigation following a relationship breakdown.
While the main effect of a financial agreement is to prevent either party making an application to the Family Court for the division of assets in a property settlement. The aim of introducing Financial Agreements is to encourage all couples to agree about how to divide their property in the event of, or following, separation.
A Financial Agreement (prenup / prenuptial, postnup, separation, divorce) allows you and your partner to stipulate in a writing what would be an equitable distribution of your assets and financial resources when your relationship is friendly and harmonious. Making a FA when you are planning to live happily ever after makes good sense, because it generally leads to an agreement that both parties find fair and reasonable. Niggling doubts about “what would happen if?” Can be set aside by providing certainty of outcome that can reduce stress and actually strengthen your relationship.
Below is a State by State list of all the available (prenuptial, postnuptial, de facto, cohabitation, separation, divorce) financial agreements.
NSW FINANCIAL AGREEMENT KITS Available for immediate download
90UB Pre De facto financial agreement kit for a relationship before Cohabitation
90UC De facto financial agreement kit for defacto partners who already Live Together
90B Prenup / prenuptial financial agreement kit for a couple Getting Married
90C Post nuptial financial agreement kit those married Staying Together
90C Separation financial agreement kit for married and Separating
90UD Separation financial agreement kit for De Facto partners after a relationship ends
90D Financial agreement for a Divorce
Certificate of Independent Legal Advice (Legal Requirement Under the Family Law Act)
QUEENSLAND FINANCIAL AGREEMENT KITS Available for immediate download
90UB Pre De facto / pre cohabitation kit for a relationship before Cohabitation
90UC De facto / cohabitation kit for defacto partners who already Live Together
90B Prenup / prenuptial kit for a couple Getting Married
90C postnup / Post nuptial kit for those married Staying Together
90C Separation financial agreement kit for married and Separating
90UD Separation financial agreement kit for De Facto partners after a relationship ends
90D Financial agreement for a Divorce
Certificate of Independent Legal Advice (Legal Requirement Under the Family Law Act)
ACT FINANCIAL AGREEMENT KITS Available for immediate download
90UB Pre De facto / pre cohabitation kit for a relationship before Cohabitation
90UC De facto / cohabitation kit for de facto partners who already Live Together
90B Prenup / prenuptial kit for a couple Getting Married
90C postnup / Post nuptial kit for those married and Staying Together
90C Separation financial agreement kit for married partners Separating
90UD Separation financial agreement kit for De Facto separation after a relationship ends
90D Financial agreement for a Divorce
Certificate of Independent Legal Advice (Legal Requirement Under the Family Law Act)
NORTHERN TERRITORY FINANCIAL AGREEMENT KITS Available for immediate download
90UB Pre De facto/ pre cohabitation kit before starting a defacto relationship
90UC De facto/ cohabitation kit for defacto partners who already Live Together
90B Prenup / Prenuptial kit for a couple Getting Married
90C Postnup/ Post nuptial kit for those married and Staying Together
90C Separation financial agreement kit for married partners Separating
90UD Separation financial agreement kit for De Facto partners after a relationship ends
90D Financial agreement for after a divorce order has been made.
Certificate of Independent Legal Advice (Legal Requirement Under the Family Law Act)
TASMANIA FINANCIAL AGREEMENT KITS Available for immediate download
90UB Pre De facto / pre cohabitation kit used before entering a defacto relationship
90UC Defacto / cohabitation kit for defacto partners who already Live Together
90B Prenup / prenuptial kit for a couple Getting Married
90C postnup / Post nuptial kit for those married and Staying Together
90C Separation financial agreement kit for married partners Separating
90UD Separation financial agreement kit for De Facto partners after a relationship ends
90D Financial agreement for use after a Divorce order has been made
Certificate of Independent Legal Advice (Legal Requirement Under the Family Law Act)
SOUTH AUSTRALIA FINANCIAL AGREEMENT KITS Available for immediate download
Domestic Relationship Agreement for hetero partners only before or during Cohabitation made under section 5 Domestic Partners Property Act 1996 – not suitable for Same – sex relationship
90B Prenup / prenuptial kit for a couple Getting Married
90C postnup / Post nuptial kit for those married Staying Together
90C Separation financial agreement kit for married and Separating
Separation financial agreement kit for De Facto Separation after a relationship ends
90D Financial agreement for a Divorce
Certificate of Independent Legal Advice (Legal Requirement Under the Family Law Act)
VICTORIA FINANCIAL AGREEMENT KITS Available for immediate download
90UB Pre De facto / pre cohabitation kit for a relationship before Cohabitation
90UC De facto / cohabitation kit for defacto partners who already Live Together
90B Prenup / pre nuptial kit for a couple Getting Married
90C postnup / Post nuptial kit for those married Staying Together
90C Separation financial agreement kit for married and Separating
90UD Separation financial agreement kit for De Facto partners after a relationship ends
90D Financial agreement for a Divorce
Certificate of Independent Legal Advice (Legal Requirement Under the Family Law Act)
WESTERN AUSTRALIA FINANCIAL AGREEMENT KITS Available for immediate download
Pre De facto / pre cohabitation kit for a relationship before Cohabitation made under s 205ZN the Family Court Act 1997
De facto / cohabitation kit for defacto partners who already Live Together made under s205ZO the Family Court Act
90B Prenup / pre nuptial financial agreement kit for a couple Getting Married
90C Postnup / Post nuptial financial agreement kit for those married Staying Together
90C Separation financial agreement kit for married and Separating
De facto separation financial agreement kit after a relationship ends made under S205ZP the Family Court Act
Financial agreement kit used after a divorce order has been made
Certificate of Independent Legal Advice (Legal Requirement Under the Family Law Act)
