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	document.write('<tr>	<td valign=top class=bodytext width=374><h2>The Nuts and Bolts of Pre-Nuptial Agreements</h2>	<i>Newsletter for September, 2010</i>	<br><p>In Australia it is possible to make Pre-Nuptial Agreements under the <em>Family Law Act 1975</em> (Cth) ("the Family Law Act").</p><h4>What are Pre-Nuptial Agreements?</h4><p>Pre-Nuptial Agreements are binding financial agreements concerning how real and personal property is to be dealt with in the event that the marriage breaks down.</p><p>In Australia Pre-Nuptial Agreements are referred to as "Financial Agreements" in the Family Law Act and can be made before you get married&#44; whilst you are married or after your marriage breaks down.</p><h4>What can be included in a Pre-Nuptial Agreement?</h4><p>A wide range of financial matters can be dealt with in a Financial Agreement including:<br /></p><ul><li>How&#44; in the event of the breakdown of the marriage&#44; all or any of the property or financial resources of either or both of the parties at the time the agreement is made&#44; or at a later time prior to divorce&#44; is to be dealt with.</li><li>The maintenance of either of the parties by the other during the marriage or after divorce.</li><li>Any other matters.</li></ul><h4>Are Pre-Nuptial Agreements binding?</h4><p>In order to make a binding financial agreement it is necessary to satisfy certain requirements set out in the Family Law Act. These requirements include:<br /></p><ul><li>The financial agreement is signed by the parties.</li><li>Before signing the financial agreement each party was provided with independent legal advice from a legal practitioner about the effect of the agreement on their rights and the advantages and disadvantages of making the agreement.</li><li>Either before or after signing the financial agreement each party was provided with a signed statement by a legal practitioner stating that they had received independent legal advice on the effect of the agreement on their rights and the advantages and disadvantages of making the agreement.</li><li>A copy of the statement of independent legal advice is provided to the other party.</li><li>The financial agreement has not been terminated or set aside by the Court.</li></ul><h4>Do I need legal advice before signing a Pre-Nuptial Agreement?</h4><p>Yes. Anyone contemplating signing a financial agreement under the <em>Family Law Act</em> is required to have independent legal advice on the effect of the agreement on their rights and the advantages and disadvantages of entering in the agreement.</p><p>If you enter into a financial agreement without legal advice then it will not be considered a binding financial agreement and in the event that the marriage breaks down your property will be dealt with in accordance with the property division rules in the <em>Family Law Act</em>.</p></td>	<td width=10>	</td>	<td width=178 valign=top>	<table width=178 border=1 cellpadding=2 cellspacing=0 bordercolor=#3385A8>	<tr>	<td align=center bgcolor=#3385A8 class=newsletterheading>Previous Months</td></tr><tr>	<td class=bodytext><IMG height=11 src="images/forward.gif" width=9><a href="newsletter.asp?docID=5649">NSW Relationships Register open from 1 July 2010</a>	<br><i class=archive>August, 2010</i>	<p>This month saw the opening of the NSW Relationships Register. As from 1 July 2010&#44; unmarried couples are now able to prove their committed or de-facto status by registering....</td></tr><tr>	<td class=bodytext><IMG height=11 src="images/forward.gif" width=9><a href="newsletter.asp?docID=5607">Surrogacy Laws in Australia: an absence of uniformity causes confusion!</a>	<br><i class=archive>July, 2010</i>	<p>With Queensland introducing new surrogacy laws in 2010&#44; altruistic surrogacy has become legal throughout Australia....</td></tr><tr>	<td class=bodytext><IMG height=11 src="images/forward.gif" width=9><a href="newsletter.asp?docID=5441">What\'s in a name?</a>	<br><i class=archive>June, 2010</i>	<p>For almost all of us&#44; our name is something which says who we are. Apart from being a bit like a personal identifier&#44; it also can describe one\'s ancestry&#44; one\'s ethnic background and whether we are married....</td></tr><tr>	<td class=bodytext><IMG height=11 src="images/forward.gif" width=9><a href="newsletter.asp?docID=5337">How Can the Law Protect You from Domestic Violence?</a>	<br><i class=archive>May, 2010</i>	<h3>What is domestic violence</h3><p>Domestic violence is commonly thought of as physical abuse. However&#44; it can also include other conduct such as sexual&#44; emotional or psychological abuse....</td></tr><tr>	<td class=bodytext><IMG height=11 src="images/forward.gif" width=9><a href="newsletter.asp?docID=5223">Superannuation in Family Law Financial Settlements</a>	<br><i class=archive>April, 2010</i>	<p>Most working Australians have some superannuation and for many their superannuation can be quite a substantial part of their financial future....</td></tr><tr>	<td class=bodytext><IMG height=11 src="images/forward.gif" width=9><a href="newsletter.asp?docID=5161">Divorce or Annulment?</a>	<br><i class=archive>March, 2010</i>	<p>Numbers of clients will say to their Family Lawyer&#44; "I don\'t want a divorce&#44; I want my marriage annulled"&#44; and usually this is to do with a religious belief....</td></tr><tr>	<td class=bodytext><IMG height=11 src="images/forward.gif" width=9><a href="newsletter.asp?docID=4862">Finding out with Family Law: Parentage Testing</a>	<br><i class=archive>February, 2010</i>	<p>Parentage tests determining the parent of the child may be needed for Family Law matters such as child support payments&#44; custody&#44; access&#44; inheritance and adoption....</td></tr><tr>	<td class=bodytext><IMG height=11 src="images/forward.gif" width=9><a href="newsletter.asp?docID=4661">Parents - Feel Supported with Child Support</a>	<br><i class=archive>January, 2010</i>	<p>Once partners separate&#44; family obligations are always an uncertain matter. But the one constant obligation is parents\' duties to support their children....</td></tr><tr>	<td class=bodytext><IMG height=11 src="images/forward.gif" width=9><a href="newsletter.asp?docID=4601">Where are the children going to go at Christmas?</a>	<br><i class=archive>December, 2009</i>	<p>December is not busy just in department stores&#44; it is flat out in the Family Law courts. For judges&#44; magistrates and lawyers&#44; December is the month of working out where children will spend their Christmas when Mum and Dad cannot work it out....</td></tr><tr>	<td class=bodytext><IMG height=11 src="images/forward.gif" width=9><a href="newsletter.asp?docID=4441">All in the family: Dispute Resolution</a>	<br><i class=archive>November, 2009</i>	<p>Family dispute resolution involves people affected by separation and family breakdown. Dispute resolution is about coming together to talk about differences and trying reach agreements....</td></tr><tr>	<td class=bodytext><IMG height=11 src="images/forward.gif" width=9><a href="newsletter.asp?docID=4223">Family Law: What does that Mean?</a>	<br><i class=archive>October, 2009</i>	<p>The Family Law Act is a long and often complicated piece of legislation. Since it first came into force in 1975&#44; it has been amended on many occasions and is now nearly twice as long as it first was....</td></tr><tr>	<td class=bodytext><IMG height=11 src="images/forward.gif" width=9><a href="newsletter.asp?docID=4183">"Can you trust a Trust?"</a>	<br><i class=archive>September, 2009</i>	<p>When a family is blessed with some wealth&#44; it is not uncommon to find a family trust involved....</td></tr>');
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