Prenuptial Agreements and Wills


Before you get married or enter into a de facto relationship, you should know that a court cannot enforce a verbal agreement about what will happen to your assets if you separate or pass-away.

Prenuptial Agreements

A prenuptial agreement, known as a Financial Agreement or BFA can be made prior to marriage or prior to entering into a de facto relationship.

The Agreement is a written contract that sets out how assets and money will be divided if the relationship ends.

Typically, the Financial Agreement will list the assets that will not be divided if the relationship ends, this can also include inheritances received by one person during the relationship.

Wills and Marriage

In general terms, when you get married your old Will becomes invalid, unless you have a Will that was drafted before you were married (in contemplation of marriage).

Many people draft such a Will when they have children from a previous relationship and want those children to inherit their assets when they die.

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