Loading...

Love, marriage and pre-nuptial agreements

6 September 2021

A “pre-nup” or pre-nuptial agreement, is the colloquial term for a financial agreement. Under Australian law, financial agreements are complex and technical, and if they’re not prepared according to strict legal requirements, they can easily be set aside. Which means the court will deal with the couple’s financial matters.

The court can also deal with any property that might otherwise have been protected by a financial agreement.

A common question is, ‘how close to the wedding should I sign a financial agreement?’

There is nothing in legislation or case law that sets out an appropriate period of time for signing one before the wedding. However, couples should ensure that ample time is provided to consider the agreement.

It’s important to remember that a financial agreement can be set aside if it was obtained by fraud, or under duress.

There should be no pressure from one party threatening to not go ahead with the wedding, if the agreement is not signed.

In a recent case, a man aged 85 informed his 68-year-old fiancée just days before the wedding that he had a financial agreement he wanted her to sign.

In the lead up to their wedding, the groom met with his solicitor and accountant and made arrangements for a financial agreement to be prepared, all the while, the bride was completely unaware of his intention to propose a financial agreement.

The man’s solicitor went so far as scheduling an appointment for the bride to meet with another solicitor, for the purpose of obtaining “independent” legal advice. That solicitor was provided with a copy of the financial agreement before the bride had any knowledge of the proposed agreement or that a lawyer had been engaged on her behalf.

By this time, members of the wife’s family had already travelled to attend the wedding. The bride did not see the financial agreement until she was taken to the office of the solicitor engaged on her behalf.

That solicitor told the woman her intended husband was worth about $20 million and that she would be ill-advised to sign the financial agreement. However, both parties signed the agreement and the wedding went ahead.

A few years later, following the pair’s separation, the wife said she had been placed in the invidious, if not impossible position, that the marriage would not go ahead if she did not sign the financial agreement.

The wife alleged she did not receive any advice from the solicitor in relation to the effect of the agreement on her rights. Whilst she conceded she knew what she was doing at the time of signing the agreement, she also argued that she felt pressured and that there was no other option but to sign the financial agreement in circumstances where the wedding was imminent.

The court found that the will of the wife was not “overborne by the husband’s conduct” and therefore the financial agreement should not be set aside. The court concluded:

  • The wife was aware of the content of the financial agreement she had signed
  • The wife’s experience with litigation (from the breakdown of her first marriage) meant that she understood the legal and binding effect of the document
  • The wife was not in a disadvantageous position in her dealings with the husband
  • The pressure that the wife felt to enter into the financial agreement was not as a result of the husband’s conduct, but rather an impression she had as to whether the marriage would go ahead if she declined to sign the financial agreement

The court said it was not ideal for the husband’s solicitor to assist the wife in obtaining independent legal advice, however the integrity of the advice given to the wife was sound.

Here at Michael Lynch Family Lawyers, we do not draw up financial agreements, or “pre-nups”. However, if you need advice on an agreement drawn up elsewhere or any other aspect of family law, please contact our office on: (07) 3221 4300 or email us at: [email protected]

Image to accompany an article 'Love, marriage and pre-nuptial agreements' by divorce law firm in Brisbane
2021-09-28T10:49:09+10:00

Client Testimonials

Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
C.T., Bribie Island

I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.

A.O., Kedron

Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.

B.T., Clayfield

My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.

J.H., Brisbane

Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.

R.B., Toowong
Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
T.V., Everton Park
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
A.A., Eatons Hill
Your team is professional, warm, friendly and real.
N.R., Crows Nest
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
R.P., Cleveland
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
P.B., Carindale
I appreciate my lawyer’s professional approach and her being on top of my situation.
N.S., Mt Gravatt

I would like to thank your firm for the support and compassion shown while dealing with my matter.

C.M., Brisbane
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
J.S., Holland Park

I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!

B.S., Brisbane

Michael Lynch Family Lawyers are easy to deal with, and your systems are good.

D.T., Ferny Grove

Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.

L.K., North Lakes
Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
M.R., West End

You, guys, provide extraordinary service.

A.O., North Brisbane
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
J.H., Windaroo
Michael is very personable and very good at covering the material and explaining the strategy.
J.O., Hawthorne

I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.

S.S., Hamilton
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
C.W., Brookfield
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
D.S., Coorparoo
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
T.C., Tarragindi
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
E.F., Nundah

Michael Lynch Family Lawyers know what they are talking about.

R.M., Warwick
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
D.H., Hendra
Your newsletters are great, I appreciate them.
K.B., Carina
I really appreciated the happiness of your secretarial staff.
G.C., Clayfield
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
G.C., Southport
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
J.S., Brisbane
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
L.R., Samford

At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!

L.R., Ascot
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
C.W., Brookfield

I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.

J.H., Wellington Point
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
B.W., Chapel Hill
I like your friendly service and the ability to speak to my solicitor directly.
R.G., Wishart
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
S.C., Nundah

My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.

R.R., Brighton

Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.

A.M., Chambers Flat

I was always confident that I was getting the very best advice.

T.S., Flinders
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
K.H., Augustine Heights

We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.

N.B., Brisbane

Your staff is knowledgeable, professional and very calm.

A.C., Helensvale
So pleased to have had a good, sound and knowledgeable firm.
C.W., Brookfield
Many thanks for your assistance – life is now great – I’m moving on.
J.K., Mansfield

After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.

K.M., Paddington
I liked my solicitor keeping things as simple as possible.
S.M., Clayfield

I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.

C.M., Morningside
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
M.J., Manly
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
S.L., Moranbah
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
S.S., Hamilton
Your team’s communication with me was exceptional, I knew exactly what was happening.
A.A., Eatons Hill
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
A.C., Morningside
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
R.P., Cleveland

My solicitor is a good listener. My documentation maintained the high moral ground.

S.S., Hamilton

Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.

S.D., Parkinson
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
M.T., Stafford

Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.

A.A., Perth