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The Pre-Nup that can end a happy marriage

by Michelle McDermott on October 21, 2014

Michelle McDermott

An article recently appeared in the BBC News Magazine which picqued my curiosity with the title "The pre-nuptial agreement that can end a happy marriage".  Now, in my experience in both Australian and in the UK, the drafting of a Financial Agreement prior to commencing either a de facto relationship or entering into marriage can certainly be a confronting exercise for the parties as they … Read more

Peter Magee

A father of two from Sydney has recently been awarded $800,000 in damages after he sued his former family lawyers for negligence, claiming a “pre-nup” they created was useless in shielding his assets from the subsequent divorce.

So how do you make sure that your ‘pre-nup’ (or binding financial agreement, also known as a “BFA”) is worth the paper it’s … Read more

Peter Magee

On 31 December 2012 news broke that Grant Hackett was suing his lawyer as a result of a faulty Binding Financial Agreement. This Agreement was entered into prior to his marriage to Candice Alley. This sort of Agreement is known in America as a “Pre-nup”. Although the Agreement entered into by Grant Hackett was one prior to marriage, Binding Financial … Read more

Time to consider a prenup?

by Peter Magee on May 8, 2012

Peter Magee

Many people have heard prenups talked about on American legal television shows. Binding Financial Agreements (which many know as prenups) are commonly used in family law matters in Australia to deal with a number of situation. People choose to use Binding Financial Agreements if:
• They are planning to enter a de facto relationship or to get married;
• They … Read more

No pre-nup for William and Kate

by Peter Magee on July 5, 2011

Peter MageeThe UK Telegraph published an article “Royal Wedding: Loving Prince William rejects Prenuptial Agreement” on 1 May 2011. The article says that a St James Palace spokesman confirmed “there is no prenuptial agreement in place for this wedding”. Although Prince William was advised in enter into a pre nuptial agreement he “loves Kate and trusts her implicitly and was Read more

Pre-nup: Do you really need one?

by Peter Magee on November 12, 2010

For the record I am against prenuptial agreements.

I have clients come to me and say, “I would like a pre-nuptial agreement.  I just want what’s fair.”  My reflex response as a family lawyer is to say, “Let’s set the record straight.  If you just wanted what was fair you wouldn’t need the pre-nuptial agreement. What you want is an … Read more