Getting married is an exciting adventure and you and your future spouse probably are only thinking positively about the future – but what if it doesn’t work out? While everything is rosy right now, there’s now way to predict the future and guarantee that your marriage will last the test of time and hiring a prenup lawyer at this early stage might be a prudent course of action.
A great deal of people who get married never consider that they might get divorced, so when a divorce does (unfortunately) come around, it is a messy affair where a split of assets and parental responsibility needs to be negotiated, or worse, litigated in a lengthy court battle. Some are also not prepared for their death, making it difficult for their loved ones to litigate the possessions left, requiring them to get the help of will dispute lawyers. To avoid this kind of messy situation, many couples opt to enter into a prenuptial agreement or ‘prenup’ with their soon-to-be spouse that sets out who will get what should the relationship break down.
In Australia’s family court system, these agreements are technically referred to as ‘binding financial agreements’ (BFA’s). They set our rules for the division of marital assets and responsibilities that can’t be influenced by family court system.
If you are thinking about pursuing one of these agreements, you will want to engage a prenup lawyer to help you and your future spouse draft and finalise your BFA. The following will look at some tips for engaging a prenup lawyer.
Finding a good prenup lawyer
1. Browse the internet
The power of the world wide web is always a great place to start your search for a reliable prenup lawyer. Simply by searching with a search engine like Google, you will be served with dozens of relevant results you can browse between and make a selection from.
Make sure that you look at each of their websites thoroughly, noting the information in their ‘about me’ sections and any testimonials featured from past clients. All of this information will give you a good sense for how the prenup lawyer works and whether or not they will be a good fit for you.
Their website should also look and function well. If they have a site that looks like it’s from 1997 and takes a long time to load, it’s probably a sign that they aren’t the best possible practitioner you could be going to.
2. Ask friends and family
Another good place to find a contact for a reliable prenup lawyer is in your circle of friends and family members. Since you will know people who are married, you will likely know people who have used one in the past and would be willing to give you a recommendation.
Make sure you ask them if they found the experience of working with the practitioner pleasant and stress-free. Ask them if they were happy with the arrangement they came to and if the process of organising it was easy.
3. Interview them
Once you have a shortlist of suitable candidates you have sourced from the internet, you can start organising face to face interviews with them. This will give you a great chance to ask follow-up questions that you may have that you need a clear answer to before you start spending any money.
If you don’t get satisfactory answers, then you don’t have to engage them as you can easily speak to another prenup lawyer instead.
Hopefully the above information will make it easier for you to find a reliable practitioner who can give you peace of mind with a solid binding financial agreement.