A financial agreement is a private contract that sets out how a couple’s property, assets, liabilities and spousal maintenance will be dealt with if the relationship ends. Under the Family Law Act 1975 (Cth), a financial agreement can be made before, during or after a relationship, whether the couple is married or de facto, and it operates outside the court system. We prepare and review financial agreements from our offices in Newcastle, for clients across the Hunter, Australia and those living overseas with Australian interests.
How we help
A financial agreement only protects you if it is properly prepared, so the detail matters. We:
- Advise whether a financial agreement or consent orders better suits your situation.
- Prepare pre-nuptial and during-relationship agreements (sections 90B and 90UB, 90C and 90UC).
- Prepare post-separation agreements to formalise a property settlement.
- Provide the independent legal advice each party must receive for the agreement to be valid.
Why clients choose Mullane Lindsay
Our family law team is led by accredited specialists Catherine Williams and Ashleigh John, and is recognised in the Doyles Guide. Courts have set aside many agreements over technical defects, so we prepare yours carefully, with full disclosure and genuine advice, to give it the best chance of holding up. Backed by the firm since 1976.
What makes a financial agreement valid?
Under the Family Law Act 1975 (Cth), a financial agreement must be in writing and signed by both parties, and before signing, each party must receive independent legal advice from a separate qualified lawyer about the effect of the agreement and its advantages and disadvantages. Each lawyer must provide a signed statement that the advice was given. Agreements can be set aside for fraud, non-disclosure, undue influence or unconscionable conduct, which is why a professionally prepared agreement matters.
