Proceedings in the Family Court, whether for children and parenting matters or financial matters, are stressful for all parties involved without considering the added burden of legal costs. As a family lawyer, a question commonly asked by clients is, “Can the Family Court make the other party pay my legal costs if I’m successful?”
A financial agreement, colloquially referred to as a “prenuptial agreement” (and even more colloquially, a prenup) or Binding Financial Agreement, is a written agreement between parties to a marriage or a de facto relationship. including same-sex couples.
When a marriage or de facto relationship ends and a property settlement is required, the parties are required by the Family Law Rules to provide full and frank disclosure about their financial circumstances. This is referred to as your duty of disclosure.