Prenuptial Agreements

Protecting Your Business from Divorce

Nobody goes into marriage – or business – expecting it to end badly. However, if the Family Court determines your ex-partner had a material impact on growing your business you could be facing a large payout or worse. Divorce can have damaging effects for small business owners, especially if the separation comes unexpectedly some years …

Who Gets What? Common Misconceptions

There are no universal rules for dividing assets after separation. In Australia the family law system is discretionary meaning despite what you may have read or heard it is not as simple as dividing property and financial assets 50/50. Property settlements aim to reflect what is fair for both parties. Reaching an agreement without the …

Mediation Process through divorce explained

Binding Financial Agreements – Thorne v Kennedy Decision

A decision on binding financial agreements from the High Court of Australia in the case Thorne v Kennedy was handed down  on 8 November 2017. Concern has been expressed that this “means the end of Binding Financial Agreements – Binding Financial Agreements will no longer be enforced”. This is far from the case. Facts of …

Pros and cons of Prenuptial agreement

Do The Benefits Of A Prenuptial Agreement Outweigh The Risks?

In Western Australia, a “prenup” is referred to as a Binding Financial Agreement (BFA). Many couples discuss the option of entering into a prenuptial agreement prior to getting married. One question we often get is whether the mutual benefits of entering into a prenup outweighs the risks associated if you decide to separate. Pros of …

Should I enter into a Binding Financial Agreement?

A Binding Financial Agreement (“BFA”) is a written agreement between parties to a marriage or de facto relationship. Couples can enter into a BFA when they are contemplating marriage or cohabitation (commonly known as a “pre-nuptial agreement”), during the relationship, or following separation. The focus of this article is on “pre-nuptial” agreements. A BFA can …