Prenups and Binding Financial Agreements
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Are prenups worth the paper they’re written on?
Pre-nups in Australia are created in a agreement called a Binding Financial Agreements (“BFA”) which can be used for both married and de facto couples during their relationship to document what they want to happen to their assets in the event that th...
General Power of Attorney
A Power of Attorney is effective in Queensland even if made in another state or territory, and it ceases to be effective if the Principal loses capacity. The Principal is the person providing the power for someone else to act on his or her behalf.In...
What happens to my superannuation in the property settlement?
The Family Law Act 1975 and the Superannuation Industry (Supervision) Act 1993 (SISA) allow an interest in superannuation or a super payment to be divided or split by agreement or court order in the event of a relationship breakdown.Th...
We’ve been living together for 12 months - will my partner get all my stuff?
It is a common misconception that after 12 months, defacto partners gain some sort of right to a property adjustment. In contrast, the minimum time period requirement is actually 2 years and there is no automatic entitlement to property adjustment....
When to enter into a Binding Financial Agreement (Prenup)
Many couples who are about to be married come to us for advice on the preparation of a “Prenuptial Agreement” so that the couples can preserve their pre-relationship asset position and know how to split the assets accumulated during the relationship,...
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