Family Law - Commencing Relationship Advice
Starting a new relationship? Let's make sure you're both on the same page.
Starting a new relationship is an exciting time. Whether you're moving in together, planning to get married or building a life with a new partner, there can be a lot to think about.
You may already own a home, have savings or investments, run a business or have children from a previous relationship. Your partner may be bringing their own assets, financial commitments and family circumstances into the relationship, too.
It's natural to have questions about how your finances and assets may be affected if your relationship changes in the future.
At Samford Valley Law, we provide practical, straightforward advice to help you understand your legal position, explore your options and make informed decisions about your future together.
Planning ahead isn't about expecting the worst. It's about making sure you both understand where you stand as you build a life together.
Why seek legal advice when starting a relationship?
When a relationship becomes more serious, your financial and legal circumstances may begin to overlap. Moving in together, buying a property jointly or sharing expenses can have implications that aren't always obvious at the time.
Getting advice early can help you understand how Australian family law may apply to your circumstances and what could happen if your relationship were to end.
This can be particularly helpful if:
You own a home or other significant assets before the relationship begins.
You have savings, investments, a business or an interest in a family trust.
You have children from a previous relationship and want to consider their future financial security.
You or your partner have different levels of wealth, income or financial commitments.
You're planning to move in together, purchase property or get married.
You have received an inheritance or expect to receive one in the future.
Every relationship is different. Our role is to help you understand the relevant legal considerations and make choices that reflect your circumstances and priorities.
How we can help
Understanding your financial position
Before making significant financial decisions together, it can be helpful to understand how your existing assets, debts and financial resources may be considered under family law.
We can discuss your circumstances, including what you each bring into the relationship, how your finances may change over time and what could be relevant if you were to separate.
This may include your:
Home, investment properties and other real estate.
Savings, shares, investments and superannuation.
Business interests and financial resources.
Existing debts, mortgages and other financial commitments.
Inheritances, gifts or other significant financial contributions.
Understanding your starting position can help you make informed decisions about how you manage your finances as a couple.
Financial agreements (pre-nuptial agreements)
A financial agreement is sometimes referred to as a pre-nup. In Australia, financial agreements can be made before or during a marriage or de facto relationship, or after separation, provided the relevant legal requirements are met.
A financial agreement can set out how certain property, financial resources and spousal maintenance matters would be dealt with if the relationship ends.
We can explain how financial agreements work, whether one may be appropriate for your circumstances and what the process involves.
Protecting assets you bring into the relationship
If you've worked hard to build up your assets before meeting your partner, you may want to understand how those assets could be treated if you were to separate.
We can help you consider your options, including whether a financial agreement may be appropriate and what other practical steps may help you keep clear records of your financial position.
It's important to understand that having an asset in your name before a relationship begins does not automatically mean it will be excluded from a future property settlement. The outcome depends on the circumstances of the relationship and the applicable law.
Planning for a blended family
Starting a new relationship when you have children from a previous relationship can bring additional considerations.
You may want to think about how your financial arrangements could affect your children, whether you have existing financial commitments and how you can plan for your family's future.
We can discuss the family law considerations and help you identify whether additional planning, such as reviewing your Will or considering a financial agreement, may be appropriate.
Buying property together
Purchasing a home or investment property with a new partner is a significant financial commitment.
We can help you understand the legal considerations involved in buying property together, including ownership arrangements, financial contributions and how the property may be treated if the relationship ends.
If you're considering purchasing a property together, it's worth obtaining advice before signing a contract or making major financial commitments.
Planning for marriage or moving in together
Whether you're planning to marry or begin living together, you may have questions about when family law may apply to your relationship and what that could mean for your finances.
We can explain the relevant considerations and help you understand your options before taking that next step.
Financial agreements: understanding your options
A financial agreement can provide a framework for how certain financial matters will be dealt with if a relationship ends.
Depending on your circumstances, it may address:
How property and other assets are to be dealt with.
How financial resources may be divided.
Whether spousal maintenance will be payable and, where legally permitted, how it will be addressed.
How particular assets or financial contributions are intended to be treated.
Financial agreements can be complex, and there are strict legal requirements for them to be binding. Each person must receive independent legal advice from a lawyer about the agreement and its advantages and disadvantages before signing.
A financial agreement is not suitable for every couple. We'll help you understand the potential benefits, limitations and alternatives so you can decide whether it's the right approach for you.
What does the process look like?
Our approach is practical and straightforward. We take the time to understand your circumstances and help you work through the options available.
Tell us about your relationship and circumstances
We'll discuss your plans, financial position, existing commitments and any concerns you may have about how the law could affect you.
Understand how family law may apply
We'll explain how a future property settlement could be approached and identify the factors that may be relevant to your situation.
Explore your options
We'll discuss whether a financial agreement or other planning steps may be appropriate, including the potential benefits, limitations and costs of each option.
Plan your next steps
If you decide to proceed, we'll explain what information is needed and guide you through the process of preparing an agreement or taking other steps to put your plans in place.
Our aim is to help you feel informed and comfortable with the decisions you're making as you begin this next chapter together.
A thoughtful approach to planning your future
Talking about finances and the possibility of separation can feel uncomfortable, particularly when a relationship is new.
We understand that these conversations need to be handled with care. Our role is to provide a supportive space where you can ask questions, understand your options and make decisions that feel right for your circumstances.
Whether you want to explore a financial agreement or simply understand how the law may apply to your relationship, we're here to help you plan with greater confidence.
Start your relationship with clarity
A new relationship is an opportunity to build a future together. Understanding your legal and financial position can help you approach that future with confidence.
At Samford Valley Law, we're here to help you understand your options, consider what's important to you and make informed decisions about your future together.
Frequently Asked Questions:
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Not necessarily. A financial agreement isn't right for every couple. However, it may be worth considering if you have significant assets, children from a previous relationship, a business or other financial circumstances you want to address. We can help you understand your options.
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A Financial Agreement is often known based on the American name, a pre-nuptial agreement. It can be made before marriage and may set out how certain property, financial resources and spousal maintenance matters will be dealt with if the relationship ends. Strict legal requirements apply for an agreement to be binding.
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Not necessarily. An asset owned before a relationship begins may be relevant to a future property settlement, but it isn't automatically excluded. The outcome depends on the circumstances, including the nature and length of the relationship, contributions and other relevant factors. Legal advice can help you understand your position.
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Yes. Financial agreements may be made during a de facto relationship or marriage, as well as before a relationship or after separation. The appropriate type of agreement and legal requirements depend on your circumstances.
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Yes. For a financial agreement to be binding under Australian family law, each person must receive independent legal advice from a separate lawyer about the agreement and its advantages and disadvantages before signing.
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A financial agreement may help address certain financial matters, but it does not automatically guarantee that assets will pass to your children. If you're concerned about protecting assets for your children, it may also be worth reviewing your Will and broader estate planning arrangements.
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It's generally helpful to seek advice before making significant financial commitments, such as moving in together, purchasing property or getting married. However, you can seek advice at any stage of your relationship.
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Different levels of income, assets, debts or financial commitments can make it particularly useful to understand your legal position early. We can explain how those circumstances may be relevant and help you consider whether a financial agreement or other planning steps may be appropriate.0