A Pre-Nuptial Agreement is a common phrase used for a financial agreement before marriage or entering into a de facto relationship.

Essentially, it covers how the property and/or financial resources of the couple will be dealt with in the event of a marriage breakdown.

It can also cover the maintenance during the marriage and/or after its dissolution.

It is important to note that while this would be considered a Binding Financial Agreement (subject to all conditions being met), there is no guarantee that a binding agreement will not be set aside by a Family Court should a spouse challenge this at a later date.

Typically, the main grounds to set aside would be instances of failing to disclose assets/business interests or if there is a material change in circumstances relating to the care, welfare and development of a child of the marriage leading to hardship for the parent responsible.

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