Journal Article

Binding Pre‐Nuptial Agreements in Australia: The First Year

Belinda Fehlberg and Bruce Smyth

in International Journal of Law, Policy and the Family

Volume 16, issue 1, pages 127-140
Published in print April 2002 | ISSN: 1360-9939
Published online April 2002 | e-ISSN: 1464-3707 | DOI: http://dx.doi.org/10.1093/lawfam/16.1.127
Binding Pre‐Nuptial Agreements in Australia: The First Year

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Binding pre‐nuptial agreements were introduced into Australian law on 27 December 2000. Prior to this, binding financial agreements between spouses could be entered only on separation, and had to be court‐registered. This article discusses the new legislation, the policy rationale for its introduction, and considers available evidence regarding how the legislation has been working in its first year of operation. According to family lawyers, there are currently some significant problems with the new legislation discouraging use – both from their own and their clients'perspectives.

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Subjects: Family Law ; Marriage and the Family

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