What do I need to do to make sure my prenup is binding?
Prenups must meet specific legal requirements in order to be valid and binding. To ensure that your prenup is valid and binding, it should be prepared by an experienced family lawyer to ensure the terms comply with the strict technical requirements.
To ensure your prenup is binding, you must ensure:
- The agreement is signed by you and your partner in the presence of your respective lawyers
- You and your partner receive independent legal advice from separate lawyers prior to signing your prenup and the advice outlines to you the effect of the agreement on your rights as well as the advantages and disadvantages of the agreement
- Both legal advices are obtained from a solicitor who is currently admitted to practice in Australia
- A signed statement is given to you and your partner by your respective lawyers which confirms you each received independent legal advice.
If the above requirements are not met, then your prenup may not be binding and you risk your agreement being challenged and potentially set aside by the court.