Prenups and BFAs

A prenup is a powerful way to know where you stand. Movement Legal can help protect you and your legacy.

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prenup

What is a Prenup?

A Prenup is an agreement that outlines the financial arrangements of both members of a couple, offering a clear roadmap for dividing assets, debts, and financial resources in the event the relationship comes to an end.

prenup

The Prenup Process

Step 1

Consider all Assets

We will look at all assets held by both members of the couple - both current and future.

Step 2

Model Options

Our lawyers will workshop different outcomes and divisions with you.

Step 3

Independent Legal Advice

The other party is presented with the Agreement, and must receive their own legal advice.

Step 4

Legal Finalisation

Our lawyers will execute the agreement, at which point it takes force.

Reviewing a Prenup or BFA

Need to have a prenup reviewed?

If your partner has presented you with a prenup to review and sign, then Movement Legal can act as the law firm to provide you with independent legal advice.

We can do this on a fixed fee basis, and our standard turn around time is 7 days.

Our Prenup Package

Prenups are also known as Binding Financial Agreements (BFAs). They are growing in popularity as people are frequently entering relationships with existing assets, as well as a more realistic view on the length of serious relationships in today's world.

While a prenup can be viewed as unromantic, it does allow a couple to have frank discussions with each other about their wealth and future, and can present a way to move forward on a trusting basis.

We operate as an online law firm, and provide fixed-fee quotes.

This not a DIY solution. We are a law firm, and our lawyers will work closely with you every step of the way.

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Some things to know about
Prenups and BFAs

  • Structuring a Prenup

    A prenup should address all asset classes – real estate, shares, stocks, investments, vehicles, inheritances, property or corporate assets owed through companies or trusts. It needs to be a comprehensive document that covers as many different situations as can be planned for.

    BFAs require the sign off from lawyers to make them binding.

  • What does a prenup need to include?

    For a Prenuptial Agreement to be legally binding, both parties are required to fully disclose their assets, liabilities, income, and financial resources.

    Then they need to list the assets they want to be exempted from inclusion in the shared asset pool should the parties separate.

    Each party must seek independent legal advice to ensure a comprehensive understanding of the agreement, including its advantages and disadvantages. The validity of the agreement hinges on the mutual agreement and signature of both parties.

  • Not having a prenup

    If your relationship breaks down and there is no prenup in place, then you will need to negotiate a property settlement with your ex-partner.

    This is typically done with lawyers on the basis of how the matter would be decided by the Courts (even if it doesn't reach the Courts).

    A prenup provides you with much more freedom and certainty to decide how you would like your property and assets divided in comparison with the traditional family law process.

  • Married and Defacto Couples

    A prenup can be made by either a married or defacto couple. It can be made before moving in together or getting married - or afterwards.

The Benefits of using Movement Legal

We are a modern law firm, and we understand the needs of modern couples and families

We make the process of designing a prenup smooth and seamless, and we offer insights gleaned from our experience in this area.

Keeping you out of Court

Save stress, time, and expense.

Fast

Our approach has an average 6 week turnaround time.

Online Legals

No need to come in to the office. The team is available online and across Australia.

Fixed Fees

We provide fixed fees for any work that we perform, so that you can budget your legal spend before we commence any work.

Holistic Approach

An end-to-end solution that includes estate planning, wills, conveyancing, mediation, divorce applications (as needed).

Transforming the separation process

Our team blends comprehensive legal expertise with technology to make the separation process more affordable and personalised.

FAQs

Frequently Asked Questions

Unsure about how we operate, or how prenups work? We've compiled a list of common questions and answers for your ease of reference.

Prenups are formally known as Binding Financial Agreements. They are also referred to as prenuptial agreements, postnuptial agreements, cohabitation agreements, separation agreements or divorce agreements.

Yes, a  prenup can be challenged and potentially overturned by a court, but only under specific circumstances. Grounds for challenging a prenup include fraud, duress, unconscionable conduct, or significant changes in circumstances.

If a Binding Financial Agreement is breached, the party harmed by the breach can seek legal remedies through the court system. These remedies may include seeking compensation or enforcement of the agreement's terms through specific court orders.

Both Consent Orders and BFAs provide a structured approach for dividing assets, finances, and property at the end of a relationship.

If a prenup is not in place, then the alternative is commonly to resolve unresolved issues through negotiations, lawyers, or before the court.

No, you do not need to visit our office in person. We are fully equipped to conduct meetings with you through various digital platforms such as phone, WhatsApp, Zoom, or Google Meet for your convenience.

 

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