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Post-Nuptial Agreements

Post-Nuptial Agreements

Post-Nuptial Agreements are agreements that couples enter into either after they have married, or after they have established a serious de facto relationship. They deal with what happens with their shared assets and interests in the event they separate at some time in the future.

These agreements can be entered into at any time - often long after the relationship was established.

Why do it?

In some ways Post-Nuptial Agreements are an even more profound matrimonial / de facto tool then pre-nuptial agreements - whether entered into in contemplation of separation, or to reduce the risk of same by introducing extra certainty into a relationship.

An increasing number of families have two working partners. They may be running careers or businesses or both, and for some people, having separate control and ownership over their own creations becomes an issue of major importance which, if left unresolved, can easily threaten to destabilise the whole relationship.

Inevitably, parties that come to us have recognised (or at least one of them has recognised) that there are tensions between them - if not in the open, then simmering below the surface. Rather than using counselling or normal mediation to deal with these issues, a post-nuptial agreement provides a "non-personal focus forum" in which to deal with highly "personal focus" issues, in a highly constructive and practical way.

Our Approach

We facilitate the parties' review of their mutual situations, expectations and assets. We then prepare them for a civilised and comprehensive negotiation of the terms of their agreement, which we facilitate throughout.

Our Solutionists, being trained problem solvers and mediators, can usually take any collateral relationship issues that arise in their stride and, provided the parties are prepared to go the full course, will help to resolve them - providing another value add for the parties.