Since 2000 couples engaged to be married have been able to enter
into what is known as a pre-nuptial agreement. Such an agreement
provides how in the event of the failure of a marriage, the
property of the parties owned at the time of marriage and property
acquired after marriage is to be dealt with. A pre-nuptial
agreement can also make provision for spousal maintenance payable
in the event that the marriage fails.
Since 1 March 2009 parties who propose to enter into a de facto
relationship, and where that relationship would be the subject of
jurisdiction by a Court under the Family Law Act, can also enter
into the equivalent of a pre-nuptial agreement.
Parties who are already living in a de facto relationship or are
already married, can also enter into such an agreement. Such
agreements can be important where parties to a de facto
relationship decide to purchase a home or an investment
property.
