QLD Preparing Prenuptial Agreement for De Facto?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Sandraq

Member
12 November 2016
3
0
1
Hi.

My boyfriend and I have plan to apply for de facto visa but the problem is he doesn't want to lose his house, so we agreed to do a prenuptial agreement before we apply for the visa.

Could you please answer the following questions;

1. What documents do we need to prepare?
2. How long does it take to process?
3. How much do we need to pay for prenuptial agreement?
4. Can I just print out a prenuptial form online then sign. Is this gonna work?

Thank you
 

sammy01

Well-Known Member
27 September 2015
4,456
648
2,894
Both of you will need to see different solicitors. It shouldn't take more than a week or two but you will need legal advice for it to be binding.

If you just sign a piece of paper with an agreement - well that is toilet paper in the eyes of the law
 

Matthew Lynch

Lawyer
LawTap Verified
18 July 2016
105
9
414
Sydney
lawtap.com
You will likely get various fees based on the lawyer you are seeing.

Be wary of extremely cheap quotes as binding financial agreements (pre nuptial agreements) require careful consideration of the unique facts and circumstances of the relationship and clear (often lengthy) written advice on the legal effect of the agreement. A court has a number of ways of overturning financial agreements at the time the parties separate, such as simply "in the circumstances that have arisen since the agreement was made it is impracticable for the agreement or a part of the agreement to be carried out".

I can discuss preparing the financial agreement, including fees, if you want to get in touch below.
 

Sandraq

Member
12 November 2016
3
0
1
What we want to do is... We need to talk to the lawyer and tell them about our situation as we now Iive in Brisbane, so I would like to find a good lawyer and talk to them for about 10 mins before we start doing prenuptial agreement.

Is anybody a good lawyer and how much does it cost us to just talk to the lawyer?.

Thanks!