How can a marriage lawyer help with your married life? Marriage is lovely but it’s not all sunshine and rainbows. Even the most solid relationships can hit a bump. Family lawyers are often associated with divorce but they can be a valuable resource throughout your married life.
Prenups and postnups might not be the most romantic topic but they can be a powerful tool for couples to talk openly and honestly about their finances and set a strong foundation for their future together. Let’s see how a marriage lawyer can help with your legal stuff.
Marriage Registration in Australia
In Australia, marriage is a legal union between two people regardless of gender. Same-sex marriage became legal in 2017. Ready to get married in NSW? Here’s what you need:
- Be 18 or over (unless approved by the court or parent). The Marriage Act 1961 upholds this rule.
- Not already married and not marrying a close family member.
- Agree to get married with an authorised marriage celebrant.
Before the big day you need to file a Notice of Intended Marriage (1-18 months ahead).
Secondly you need to bring your ID, birth certificate and (if applicable) proof of single status. At the ceremony:
- The celebrant will say the magic words.
- Sign the marriage certificate with witnesses.
After the “I dos” what happens next? You, your spouse and the celebrant, along with two witnesses sign copies of the marriage certificate. The celebrant then lodges the marriage with the government within 14 days. Then you or your celebrant can apply for a copy of the marriage certificate. This stage is important if you want to change your name.
The Importance of Prenuptial Agreements
Prenuptial agreements (prenups) play a bigger role in marriages than you think, extending far beyond just asset protection. While they do provide financial security in case of divorce, their importance lies in having open communication, financial clarity and peace of mind for couples getting married. A marriage lawyer can help draft a prenup. Here’s a breakdown of the benefits:
- Honest Financial Conversations: A prenup forces couples to have an open and honest conversation about finances before marriage. This clears up any doubts or assumptions and sets a strong financial foundation for the future.
- Clarity on Separate and Marital Property: A prenup defines what assets are separate property (belonging to one spouse) and what’s marital property (shared by both). This avoids confusion and potential disputes in divorce.
- Asset Protection: If one spouse brings significant assets to the marriage a prenup can protect them from being divided in a divorce settlement. This is especially important for those with family businesses or inheritances.
- Debt Management: Prenups can address how existing debts will be managed during the marriage and in case of separation. This gives couples clarity on their financial obligations before they get married.
- Peace of Mind: Knowing a prenup is in place gives couples peace of mind. A marriage lawyer can make a prenup more binding to ensure it meets legal standards.
What About Postnuptial Agreements?
Marriage is great but life can take some unexpected turns. A postnuptial agreement (postnup) can be a useful tool for couples who want to have financial security even if things don’t work out. Let’s look at what a postnup is and why you might hire a marriage lawyer to draft one after you’re married. So, what does it do?
It outlines how you’ll split your finances (money, property) if you get divorced. This can include houses, cars, savings and even businesses you own.
Why?
- Protect what you brought to the marriage: Maybe one spouse has a family inheritance or a business they want to keep separate.
- Plan for blended families: If either spouse has children from before, a postnup can ensure they’re taken care of.
- Avoid money fights: By outlining financial responsibilities you can hopefully reduce arguments about money.
- Peace of mind: Having a plan in place gives you security and stability in your marriage.
In short a postnup is a way for married couples to be open and honest about finances, protect themselves and their future. Hire a marriage lawyer to make this legal document more binding.
Why a Marriage Lawyer Can Help
Marriage law is complex and a lawyer can navigate legal proceedings of prenuptial agreements, postnuptial agreements, separation agreements and divorce. They know the intricacies of state laws and can ensure your agreement is valid and binding.
They will advocate and provide legal representation for your interests especially if finances or assets are unevenly divided. But if the couple has children a marriage lawyer will always put the child’s interests first. They can draft clear and concise agreements that minimise future disputes.
Marriage can also bring out the emotions. A lawyer will provide objective advice and navigate complex situations with a clear head. They may also recommend a marriage counsellor if the married couple has internal issues in their relationship.
Ultimately their legal assistance can prevent costly mistakes down the line and save you time, money and emotional stress in the long run.
Note: If you are struggling with family law matters, you may call the Family Relationship Advice Line (1800 050 321) or Community Legal Centres.
Communicating with Your Marriage Lawyer
- Be Open & Honest: Provide all the information about your finances, assets, instances of family violence, and any relevant details about your marriage. The more information you give the better your lawyer can advise you.
- Ask Questions: Couples shouldn’t be afraid to ask questions and clarify anything they don’t understand. Marriage lawyers will take the time to explain legal concepts in a way a couple can understand.
- Gather Documents: Collect and provide any documents related to finances, assets, debts or previous marriage agreements.
- Be Prepared: Before meetings jot down key points you want to discuss or questions you have. Do you need mediation? Maybe proceed with trials in the family court?
- Respectful Communication: Be professional and respectful with your lawyer. Trust is key so be upfront if you disagree with their approach.
Seek Legal Advice From Family Lawyers Today
Life throws curveballs and even the happiest of marriages can hit bumps. No one wants to think about divorce but a little planning now can save you a lot of stress and heartache later. Talk to a marriage lawyer from JB Solicitors and gain jargon free legal advice about prenuptial or postnuptial today.
It’s an investment in your future together, so things are sorted fairly and legally if things go wrong. JB Solicitors can help you create a plan that protects both of you so you can get on with living your life.
Book an appointment today and let a family lawyer provide legal aid in your family law proceedings.
