Thursday, 31 May 2012

Legal Rights Of A Prenuptial Agreement In Australia

Australia is among the urbanized countries having 22, 906, 355 residents that also legally determine the prenuptial or premarital agreement. As based on the FLA ( Family Act Law) of 1975, a pre-nuptial agreement is the general phrase used for an agreement just before marriage plus a couple may enter through this agreement before, while in and right after marriage. Prenuptial agreement in Australia is named "binding financial agreements," and became enforceable in Australia in 2000 having the enactment of the Family Law Amendment Act 2000. Research by wedding website theknot.com.au, found that 14 percent of engaged couples signed prenups, all, for the reason of safeguarding property, maintaining their relationship and if ends in a divorce there's no need to go to the court to settle things.

What are the requirements? Are you planning to depend in this type of agreement to enjoy a successful union? Is this really the answer to the growing dilemma of broken families? What about thinking about your kids? Why take part in this agreement when you are uncertain of your spouse? Doesn't love matter any longer?

In this, terms and condition should be in writing, it must possess the voluntary agreement and signed by both parties, carry out full or fair disclosure at the time of implementation. This is null and void may if there's fraud, or made threatened by or by just a mistake. In some instances, this is relevant to those; whose partner is much richer than the other, the man or woman is paid more than (her/his) partner, when a person is re-marrying, whose partner has high debts load, a partner who has owned business or heirloom, stay away from over turning your estate plan, whose partner is much poorer, and a plan to quit to a job and raise children.

Assessment between Marriage and Prenuptial: Marriage is an agreement united with love, charity, sacrifices, without any property and assets involved and most of all ruled by the law God, while premarital agreement eliminate feelings, introduce practicality, independence of both sides, rationalism and bound by law of man. As compared to divorce, considered less bitterness and less stressful to couples because from the start terms and condition are being tendered.

Others think that this form of relationship not common in a man and woman especially in the conservative type of family. People as asking if this is applied only for rich and famous? No, as the study shows , as long as the individual unite themselves in “binding financial agreement” they can be through this kind of conformity. This can be a trial and error type of relationship we don’t know what is going to be the end but one fact that a couple cannot be avoided are the effect on children if it ends up in separation another broken family is made, another lonely child is added in the society longing to have good family. Culture really affect the personality what he / she may be come and what form of person he/ she maybe.



Choosing a prenup agreement isn't a problem. Learn about prenuptial agreement through our articles.

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