We’ll help you come to an agreement with your future partner or ex partner.

If you’re getting married or require a financial agreement to clarify everyone’s legal rights in the future, we can help you create a prenuptial or binding financial agreement. Discussing finance and property can be an emotional time, and if you and your partner are unable to find common ground, then you need to know what your options are to make sure your property is protected to suit everyone’s best interest. Journey Family Lawyers can advise you on everything you need to know to ensure the process runs as smoothly as possible, and help you draw up a binding financial agreement that ensures you get your fair share of the relationship or partnership assets or can help make your existing assets remain yours.

What is a financial or prenuptial agreement?

Financial agreements (sometimes referred to as prenuptial agreements) are binding legal agreements regarding finances when marriages or de facto relationships break down. A financial agreement covers all property of the relationship including:

  • Assets – Such as the family home, bank accounts, shares, superannuation, life insurance, motor vehicles, household items, and jewellery.
  • Liabilities – All debts incurred separately or together including mortgages, credit cards, hire purchase agreements and personal loans.

When financial agreements are drawn up, they are not legally enforceable until both parties have been given legal advice, and that’s where Journey Family Lawyers can help.

The steps for reaching financial agreements

When you seek our assistance with your financial agreement, we will follow a process that involves 4 distinct steps:

  • Valuation

    We will work out the combined value of all the relationship’s assets and liabilities as described in the section above. This may involve having some professional valuations done on certain assets before we can arrive at an exact figure.

  • Contributions

    We will consider the contributions made by each of you to the relationship. This will normally be considered an equal contribution (50%), unless one of you has contributed significantly more than the other (i.e. bringing assets into the relationship such as the deposit for the family home).

  • Settlement Considerations

    We will look at what you both need in order to be able to move forward. For instance, if one of you needs more support because you have the care of your children or one has less superannuation than the other, the settlement may be adjusted to account for this.

  • Settlement

    We will check that the settlement proposal is ‘just and equitable’ and allows both parties to move on with their lives. This must be done before any financial agreement can be signed, and we will give you detailed letters of advice and guide you through the process so that we can make sure, as far as is possible, that the agreements cannot be overturned in the future.

You must apply for any property settlement or spousal maintenance (child support) within 12 months of the divorce becoming final, or the court may not accept your application.

This is a very complex area of law, and you need experts on your side.

We`re here to discuss financial agreements with you.

We’re not like other lawyers

At Journey Family Lawyers Brisbane, we believe it is in the best interests of both parties to move on smoothly after a separation or coming into new situation, and we will work with you to find equitable solutions to your problems and issues. We’ll provide the advice you need so that you can feel confident about moving forward. Even if you and your partner are able to reach a mutually satisfactory settlement, it’s always wise to have it checked over before proceeding. At Journey Family Lawyers Brisbane, we can quickly tell you if you’re on the right track, and whether you’re receiving everything you’re entitled to, and whether you should formalise your agreement by Consent Orders or a Financial Agreement.

Read more about our clients’ success stories

Journey Family Lawyers has helped thousands of Australians through their separation.

Thanks again for all your assistance with this. It's been such a reassurance to have your advice. Shane
I would like to write this recommendation for Cassie Boland of Journey Strathpine Family Lawyers. Cassie made herself fully available to support me with what could have been a very messy process. She was prompt and professional in her interactions ensuring I had everything I needed to ensure I had a successful outcome. Thank you Cassie for your support and encouragement. Karen
I just wanted to say thank you for all your help and patience with me and my matter. You've been a pleasure to work with and I wont hesitate to recommend you to anyone needing assistance in a Family matter. Susie
Thank you to everyone at your office for always doing such a stellar job and making me feel at ease.
You handled my divorce for me at the end of 2017 and you were incredibly helpful and very kind. I thank you very much for your assistance both with this and my divorce in general. You were always a pleasure to deal with. Catherine.

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