No, you don`t have to file your prenutial agreement anywhere. Just make sure you keep one or more signed copies in a safe place and that both parties have a copy. While the term „prenup” suggests that they are most often performed before the start of a marriage, BPA can also be done during a marriage, after a divorce or separation, or even between common-law partners. In the state of marriage contract, divorce and separation agreements are generally regulated by the courts in accordance with the principles of the Family Law Act in order to divide property and reach a settlement. If a valid prenup exists, it will be overwritten. However, a BFA can also be created if couples are in a marriage or common-law relationship, or even after the breakdown of a marriage or common-law relationship. This is the main reason why it is wrong to call a binding financial agreement a marriage contract. A binding financial agreement can be made after the date of marriage and even after the date of separation. Sections 90B to 90KA of the Family Law Act 1975 deal with the financial arrangements of married parties, while sections 90UA-090UN apply to common-law couples, including same-sex couples. The law applies de facto to couples in all states and territories except Western Australia. After all, it is very important that both parties freely discuss and agree on the content of a marriage contract and feel comfortable doing so. If both parties are satisfied with what they are getting, they are much less likely to be challenged later. In the same way, the parties (usually) do not enter into a marriage or relationship because they think it will break.
But a prenutial agreement can provide an „exit plan” in case the „worst-case scenario” occurs; This is a plan on how your assets and liabilities will be divided in the event of separation. In Part VIIIA of the Family Law Act 1975 (Cth), you will find the legal provisions relating to binding financial arrangements for married couples. Part 5A Section 3 of the Family Court (WA) Act 1997 for common-law couples in Western Australia. Part VIIIAB Section 4 of the Family Law Act 1975 (Cth) for common-law couples in other states and territories. In addition to property and assets, your prenuptial agreement may include agreements regarding financial support for one of the spouses. Partners can also arrange to include the retirement pension so that it can be treated specifically in the event of separation. A prenup records the assets and debts that each person brings into the relationship and indicates what will happen in the event of a relationship breakdown (separation or divorce) and how the couple`s finances will be divided. Marriage contracts regulate current and future financial and property matters prior to marriage. In general, they determine who the parties are, what their current assets and liabilities are, and how to deal with all current and future assets in the event of marriage breakdown. .