Free Prenuptial Agreement

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Location

Australian Capital Territory

Your Prenuptial Agreement will be governed by the laws of the Australian Capital Territory. It is tailored to meet the specific laws and regulations of the Australian Capital Territory.


Frequently Asked Questions
What is a Prenuptial Agreement?A Prenuptial Agreement, also known as a financial agreement, sorts out current and future financial and property issues before marriage. In general, it sets out who the parties are, describes their current property and debt, and explains how all current and prospective property will be dealt with in the event of a breakup.

This Agreement also deals with issues such as spousal support, inheritance, and dependent children.
Can I create a prenup if I'm already married?Prenuptial Agreements are contracts that are executed before marriage to specify how to divide current and future property in the event of a breakup. You cannot create a Prenuptial Agreement after you are married, but you can create a Postnuptial Agreement. A Postnuptial Agreement is similar to a prenup but may offer less asset protection because once you are married, many of your assets could already be considered marital property.What if the parties do not live in the same state or territory?If the parties currently reside in different states or territories, then usually you should choose the state or territory where both parties will live after marriage (e.g. If one party resides in Victoria and the other party resides in Queensland and both will live in Victoria after marriage, then select Victoria).

However, if neither party currently resides in the state or territory you will live in after marriage, then you can select the state or territory where either party currently resides (e.g. If one party resides in New South Wales and the other party resides in Queensland and both will live in Victoria after marriage, then select either New South Wales or Queensland).


Your Prenuptial Agreement

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FINANCIAL AGREEMENT

THIS FINANCIAL AGREEMENT (the "Agreement") MADE ON 23 June 2018.

BETWEEN:

______________________
of __________

- AND -

______________________
of __________

  1. RECITALS
  2. This Agreement is made between ______________________ and ______________________ (collectively the "Parties" and individually a "Party") who are contemplating marriage each to the other.
  3. This agreement is made before marriage under Section 90B of the Family Law Act 1975.
  4. The Parties intend for this Agreement to become effective upon their marriage pursuant to the laws of the Commonwealth of Australia, including the Family Law Act 1975 , or other applicable laws, adopted by the Commonwealth of Australia.
  5. The Parties wish to enter into this Agreement to provide for the status, ownership, and division of property between them, including future property owned or to be acquired by either or both of them.
  6. The Parties further wish to affix their respective rights and liabilities that may result from this relationship.
  7. The Parties recognise the possibility of unhappy differences that may arise between them. Accordingly, the Parties desire that the distribution of any property that either or both of them may own will be governed by the terms of this Agreement and, insofar as the statutory or case law permits, intend that any statutes that may apply to them, either by virtue of Commonwealth or Territorial legislation, will not apply to them.
  8. The Parties acknowledge that they have been provided with a reasonable period of time to review this Agreement.
  9. The Parties also acknowledge that they each have retained their own lawyer and received independent legal advice regarding the terms of this Agreement.
  10. The Parties have disclosed to their satisfaction all assets and liabilities that each may have and voluntarily and expressly waive any other rights to disclosure of the property or financial obligations of each other beyond the disclosure provided.
  11. Each Party agrees and affirms THAT:
    1. The Parties did execute the Agreement voluntarily;
    2. This Agreement was not unconscionable when it was executed;
    3. Prior to execution of the Agreement, both Parties were provided a fair and reasonable disclosure of the property or financial obligations of the other Party;
    4. Each Party has, or reasonably could have had, an adequate knowledge of the property or financial obligations of the other Party; and
    5. Each Party entered into this Agreement freely and under no duress or undue influence on their decision by the other Party.
  12. The Parties acknowledge that this Agreement will continue upon termination of marriage whether by death, divorce, or otherwise.

NOW THEREFORE in consideration of the upcoming marriage, and in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows:

  1. PROPERTY
  2. The Parties acknowledge that this Agreement will govern any determination of ownership of property that may occur in the event of the Parties separating, or upon the death of a Party.
  3. All jointly acquired or jointly held property, however and whenever acquired, will remain the property of and be owned by both Parties and will be treated as shared property (the "Shared Property").
  4. Except as otherwise provided in this Agreement, all property will be treated as property owned solely by either one of the Parties (the "Separate Property") except where:
    1. it is Shared Property; or
    2. there is proof of shared legal ownership.
  5. Nothing in this Agreement will prevent or invalidate any gift, or transfer for value, from one Party to the other of present or future property.
  6. Unless a Party can reasonably show that they solely own a piece of property, where either Party commingles jointly owned property with Separate Property, any commingled property will be presumed to be Shared Property.
  7. DEBTS
  8. The Parties acknowledge that this Agreement will govern any determination of responsibility of debts that may occur in the event of the Parties separating, or upon the death of a Party.
  9. All jointly acquired or jointly held debts, however and whenever acquired, will remain the debts of and be owed by both Parties and will be treated as shared debts (the "Shared Debts").
  10. Except as otherwise provided in this Agreement, all debts will be treated as debts owed solely by either one of the Parties (the "Separate Debts") except where:
    1. it is Shared Debt; or
    2. there is proof of shared legal responsibility.
  11. SUPPORT
  12. In the event of a separation the Parties agree that spousal support may be payable to one of the Parties on the basis of the Party's financial circumstances at the time of separation or otherwise. It is understood and accepted by each Party that spousal support will be determined according to the appropriate Commonwealth or State laws.
  13. ESTATES AND TESTAMENTARY DISPOSITION
  14. Nothing in this Agreement will limit or affect any rights that each may acquire as spouse or surviving spouse in the property, assets or estate of the other spouse.
  15. Nothing in this Agreement will invalidate or prevent either Party from naming the other as a beneficiary by will or other testamentary disposition.
  16. SEVERABILITY
  17. Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
  18. INTENTION OF THE PARTIES
  19. Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for many reasons, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
  20. DUTY OF GOOD FAITH
  21. This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
  22. FURTHER DOCUMENTATION
  23. The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
  24. TITLE/HEADINGS
  25. The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
  26. ENUREMENT
  27. This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
  28. GOVERNING LAW
  29. The laws of the Commonwealth of Australia will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.
  30. TERMINATION OR AMENDMENT
  31. This Agreement may only be terminated or amended by the Parties in writing signed by both of them.
  32. ENTIRE AGREEMENT
  33. The Agreement constitutes the entire agreement and understanding between the Parties to this Agreement and supersedes all prior communications, contracts, or agreements between these Parties with respect to the subject matter addressed in this Agreement, whether oral or written.

IN WITNESS WHEREOF the Parties have hereunto set their hands and seals on 23 June 2018.

SIGNED, SEALED AND DELIVERED
In the presence of:

_____________________________
Witness
Printed Name: _________________

_____________________________
Witness
Printed Name: _________________

________________________
______________________



_____________________________
Witness
Printed Name: _________________

_____________________________
Witness
Printed Name: _________________

________________________
______________________


CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE AUSTRALIAN CAPITAL TERRITORY

I, ________________________, of the City of ___________________, in the Australian Capital Territory, Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ______________________, named in the within instrument, being a Financial Agreement, separate and apart from ______________________, as to his legal rights and liabilities under the terms and conditions of the said Financial Agreement, and that I acted solely for him. I explained fully to him the nature and effect of the said Financial Agreement on his rights and the advantages and disadvantages to him of entering the said Financial Agreement. He did execute the said Financial Agreement in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from ______________________, or any other person.

DATED at the City of ___________________, in the Australian Capital Territory this ____________ day of _________, 20___.

________________________
SOLICITOR
Print Name: _____________



I, ______________________, the person named in the annexed Financial Agreement, hereby acknowledge the foregoing this ____day of ______________20___.


________________________
______________________


CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE AUSTRALIAN CAPITAL TERRITORY

I, ________________________, of the City of ___________________, in the Australian Capital Territory, Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ______________________, named in the within instrument, being a Financial Agreement, separate and apart from ______________________, as to her legal rights and liabilities under the terms and conditions of the said Financial Agreement, and that I acted solely for her. I explained fully to her the nature and effect of the said Financial Agreement on her rights and the advantages and disadvantages to her of entering the said Financial Agreement. She did execute the said Financial Agreement in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from ______________________, or any other person.

DATED at the City of ___________________, in the Australian Capital Territory this ____________ day of _________, 20___.

________________________
SOLICITOR
Print Name: _________________



I, ______________________, the person named in the annexed Financial Agreement, hereby acknowledge the foregoing this ____day of ______________20___.


________________________
______________________

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