Changes to Pre-nuptial Agreements

Making them more certain

There are proposed amendments to the Family Law Act 1975 that should make it clearer as to their enforceability to those with so-called pre-nuptial agreements (properly called Financial Agreements) and for those contemplating entering such agreements. The proposed amendments address some of the uncertainties in the legislation and the recent Family Court decisions dealing with certain provisions. In particular the amendments seek to address the uncertainties surrounding entering, interpreting and enforcing such agreements. They also better address the often-overlooked issue of spousal maintenance, the ‘sleeping dog’ of family law.

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Shelley O'Connell

5 December 2016