Financial Agreements

What is a Financial Agreement?

A financial agreement is a document that can be made by persons in a relationship who are intending to marry, are already married or have already divorced at any of the following times:

  • prior to the marriage (in which case the document is commonly known as a "pre-nuptial agreement");
  • during the marriage; and
  • after divorce.

Financial Agreements document are used as a way of enabling couples to opt out of the Court's jurisdiction to deal with property and spousal maintenance under the Family Law Act 1975 (Cth). 

A Financial Agreement documents:

  • each of the individual's assets; 
  • the individuals' intentions regarding contributions during the marriage; 
  • in the event of the marriage breaking down, what is to happen to their property and maintenance.
Should you enter into a Financial Agreement?

Our experienced solicitors will carefully consider this question with you and provide you with concrete advice.

Financial Agreements are particularly relevant if:

  • you are in a second marriage and you have children from a previous relationship and you wish to protect the interests of your children in your estate;
  • you (and/or your intended spouse to a second marriage) have valuable assets and those assets have already been the subject of litigation in the Family Court where the first marriage has broken down; or
  • you (and/or your intended spouse to a second marriage) will be entitled to receive valuable inheritance property during the intended marriage and either of you wish to protect such inheritance property should a divorce occur. 

Why choose Sheehan & Co to prepare your Financial Agreement?

Sheehan & Co's experienced team of family lawyers led by Michele Sheehan, Queensland Law Society Accredited Specialist, can tailor your financial agreement to your unique circumstances and requirements. 

Our services in this area are tailored to achieve better outcomes for you

It is in your best interests that you choose a solicitor who can provide you with the required level of expertise, particularly in this area of law as many traps for the unaware (including the Court's power to set aside the Financial Agreement if it has not been properly drawn). This is why you should engage a Family Law Specialist who specialises in preparing these documents.

It is necessary for both you and your intended spouse to receive independent legal advice from independent solicitors. If the process is not performed to the required level of care and expertise, either the Financial Agreement can be set aside by the Court at a later time.

You will benefit from the expertise Sheehan & Co can provide you in this area.

Make an appointment 

Our office is centrally located within the Surat Basin and we are pleased to meet with clients in person, via telephone or home visit to discuss your legal needs in this area.


Remember - it pays to get the right advice!