Family & Matrimonial
Agreements
Separation agreement
This is sometimes called a minute of agreement. It is a contract that separating people enter into and sign to say what will happen with their money or assets (or debts). It may be entered into before or after proceedings for divorce or for dissolution of a civil partnership are raised.
Ante-nuptial or pre-nuptial agreement
Cohabitation agreement
This is a contract between unmarried people, most commonly to stipulate how a commonly owned property, such as a house, is to be dealt with if the couple separate.
Child agreement
- who the children live with (residence – in the past called custody);
- when child contact takes place (formerly referred to as access);
- money for the children’s needs, whether from day to day (aliment or child maintenance), or for specific things such as clothes, schooling and recreation costs, or things like travel and holidays.
Considerations for an agreement being enforceable
- Take quality independent legal advice from a qualified family lawyer.
- Get the timing right – for example, an agreement entered into and signed the night before the wedding or just immediately before the purchase of a specific asset will more likely be open to challenge.
- Ensure, and declare, a full disclosure of finances/valuations.
- Think to the future, for example foreseeable changes of circumstances, and provisions for review and/or variations.
- Jurisdictional matters, particularly for foreign nationals, and for persons in a couple either or both of whom are likely to, or who may, move abroad.
- Fairness and reasonableness – at the time the agreement is entered into.
- Any “unfair advantage” taken by one side in the agreement may imperil the enforceability of the agreement on any subsequent challenge