Family Law

To ensure their financial agreements are fair and enforceable, clients should seek legal advice early in the process. Working with an experienced lawyer, particularly one with expertise in family law, can help draft agreements that reflect both parties’ interests and meet legal standards. The use of financial agreements, such as pre-nuptial or post-nuptial contracts, must comply with the relevant legislation, including full financial disclosure to avoid later disputes. At MBA Lawyers, we emphasise transparency and fairness, advising clients to consider long-term impacts, especially in cases involving children or unequal financial standing, to minimise the risk of the agreement being challenged in court.

Couples should consider entering into a financial agreement before or during marriage if they want to outline the division of assets in the event of a separation. This is often referred to as a “prenup” but applies to both de facto and married couples. Financial agreements can help avoid future disputes by clearly specifying how assets will be divided, reducing the emotional and financial strain of contested separations.

MBA Lawyers can assist couples in preparing financial agreements that are fair and legally sound. These agreements can be tailored to suit specific circumstances, such as protecting individual assets or addressing how future financial contributions will be managed. Whether before marriage or during the relationship, getting expert legal advice ensures that both parties are protected and understand the implications of the agreement.

After a separation, it is crucial to take immediate steps to protect your financial interests. MBA Lawyers recommends that you:

1. Consult a lawyer as soon as possible to understand your rights and obligations regarding property division and financial matters.
2. Avoid making major financial decisions like selling or purchasing assets without legal advice, as this may affect the division of the property pool, which remains subject to claims until the settlement or court decision.
3. Maintain the financial status quo, especially if you have been financially supporting your partner or children, to avoid triggering legal claims such as spousal maintenance.
4. Gather documentation of all assets, liabilities, and financial records to facilitate the legal process.

By securing early legal guidance, you can make informed decisions and protect your financial future during this challenging time.

Couples should consider entering into a financial agreement before or during marriage if they want to outline the division of assets in the event of a separation. This is often referred to as a “prenup” but applies to both de facto and married couples. Financial agreements can help avoid future disputes by clearly specifying how assets will be divided, reducing the emotional and financial strain of contested separations.

MBA Lawyers can assist couples in preparing financial agreements that are fair and legally sound. These agreements can be tailored to suit specific circumstances, such as protecting individual assets or addressing how future financial contributions will be managed. Whether before marriage or during the relationship, getting expert legal advice ensures that both parties are protected and understand the implications of the agreement.

When couples initiate a separation, particularly concerning children and property, it’s essential to approach the process thoughtfully and with professional guidance. Key considerations include maintaining stability for the children and not making any significant financial decisions, such as selling or buying property, without legal advice. The division of property and assets will typically be assessed from the time of settlement, not separation, so managing the current assets carefully is crucial. For those with children, it’s important to prioritise their needs and ensure their living arrangements remain as stable as possible.

MBA Lawyers recommend seeking legal counsel early in the process to understand your rights and obligations, helping to protect your interests and ensure a fair and reasonable outcome. Whether it’s navigating property division or making parenting arrangements, professional guidance can prevent costly mistakes and emotional stress.