• It’s put in writing; a verbal agreement doesn’t suffice.
• All parties willingly sign the contract. No influence or coercion to sign the contract should be evident.
• All assets and liabilities belonging to the individuals intending to marry are disclosed adequately.
• A lawyer has provided and signed a statement confirming that they offered the couple legal advice.

A prenup is valid throughout the duration of the marriage unless both parties wish to amend or revoke it.

The content of a prenuptial agreement commonly includes:

• The personal details of each party.
• What will happen to assets and liabilities if the relationship ends?
• The condition that one person is not permitted to give away assets and reduce the value of the joint wealth for the other party.
• Conditions for what should happen in the event that one party dies during the marriage.

It is not a legal requirement to obtain a prenup before entering into a marriage. You and your partner should decide together whether or not you want to go ahead and create the prenup agreement. Some people worry about the effect it’ll have on their relationship, and others might be unsure about whether it’s worth it to go through the process. Our prenup lawyers in Melbourne can guide you through the process and advise you so you can make an informed choice.

Why Should My Partner and I Create a Prenuptial Agreement?

There are a number of reasons why you should consider putting together a prenup. The benefits can include:

• The facilitation of a less stressful and emotionally fueled divorce and financial settlement, as terms have already been pre-agreed.
• The chance to have important discussions about the future before getting married. These discussions can ensure that the couple is on the same page and both people are going into marriage with their eyes wide open.
• As you’ll need legal advice, you will know what your obligations are before you enter into marriage, so there will be no surprises down the line.

What Help Can We Expect from Velocity Legal’s Prenup Lawyers in Melbourne?

The Family Law Act 1975 (Cth) clearly states that independent legal advice must be sought in order for a prenuptial agreement to be legally binding. Our prenup lawyers can offer the following services:

• Advice on how to protect your assets in the event of a divorce or separation.
• Draft the agreement itself and prepare documents confirming who has power of attorney and what should be done in the event of a life-threatening emergency affecting one of the parties.
• Represent clients during hearings and court proceedings.

Even if you choose not to go through with the prenuptial agreement, it’s always worth having a discussion with our legal team at Velocity Legal so you can decide on the best course of action. Contact us today for more details. Read Less