Our services

Financial agreement & family law experts

Our Melbourne family lawyers are experts in helping people navigate complex and binding financial agreements.

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Carew Counsel Solicitors staff in meeting with client at meeting table
Carew Counsel Solicitors staff in discussion at meeting table
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We have 40+ years of experience dealing with family law matters.

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Get the help, guidance, and legal support you need to move forward.

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Commendable service

We’re ranked in the top five family law firms in Melbourne.

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We will clearly outline expectations and a quote for legal fees following your initial consultation.

Our team of financial agreement experts in discussion

Get tailored advice on how your financial arrangements with your partner can be documented in a financial agreement

A financial agreement is a legally binding document that outlines how a couple's financial affairs will be managed during their relationship or in the event of a separation or divorce. These agreements are a way for you to make private arrangements regarding property settlement, finances, and spousal maintenance outside of court.

Our experienced family lawyers can help you enter into a financial agreement (or prenup to use the American term) before marriage, during marriage, following a separation, or during the divorce process. Dividing your asset pool can be stressful and complex, but with a legal practitioner on your side, you can reach your desired outcome quickly, efficiently, and cost-effectively.

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Financial agreement services

Get your assets in order with our financial agreement services

Financial arrangements help to safeguard you and give you financial peace of mind in the event of separation or divorce. From dividing assets to dealing with complex financial issues, our lawyers will go above and beyond to meet your needs.

Financial agreements (or prenuptial agreements)

A financial agreement can be entered into before, during or after a marriage (including following a divorce). They can also be entered into before a de-facto relationship commences, during a de-facto relationship, and once a de-facto relationship ends.

We can help you enter into a financial agreement at any stage of your relationship.

Negotiating a financial agreement

Dividing assets following a separation can cause conflict between former partners. Financial agreements entered into pre or during a relationship, can help reduce the costs, both legal and emotional, of finalising a financial settlement following separation. Financial agreements entered into following separation can also be an effective means of documenting your settlement in a timely and cost effective manner. We can help you formalise a financial agreement that ensures your asset split is fair and equitable.

Make an enquiry

Get started by discussing your circumstances with a family law expert.

When to obtain independent legal advice from a lawyer

If you wish to enter a legally binding financial agreement (or prenuptial agreement), you and your former partner must obtain independent legal advice first. A qualified family lawyer can support you through the process, explaining the advantages and disadvantages of entering into an agreement and negotiating terms on your behalf.

Our specialist family lawyers are highly trained in financial agreements and can provide the advice, support, and guidance you need to finalise your financial matter.

Benefits of consulting a family lawyer

While it isn’t always required to engage a lawyer for financial arrangements, there are a number of benefits to obtaining independent legal advice from a qualified family lawyer.

  • In-depth understanding of the Family Law Act
  • Ensure agreements adhere to legal requirements and standards
  • Provide personalised advice based on your unique circumstances
  • Guide you through the process of full financial disclosure
  • Draft clear and comprehensive legal documents
  • Assist in negotiating terms, ensuring the agreement reflects your intentions
Our team of financial agreement experts in discussion
Getting started

Our solution-focused process

1

Make an enquiry

A member of our team will get in touch to find out more about your situation before matching you with a lawyer experienced in financial agreements.

2

Meet with a family law expert, online or in person

During a 90-minute appointment, one of our highly experienced family lawyers will ask you more about your situation so they can determine the best path forward.

3

Receive an upfront quote

For complete transparency, your lawyer will draw up a quote for ongoing services that you can review before continuing with the process.

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Client testimonials

Hear from our satisfied clients across Victoria.

"I highly recommend Carew Counsel Solicitors for anyone seeking a dedicated and knowledgeable solicitor for family law matters. Madison Ogilvie excelled in her communication, ensuring I was kept informed every step of the way. Although it got stressful, Madison's professionalism was top-notch."

Shawn C
Melbourne

"In what was a difficult time to go through, I'm thankful that I had the team at Carew in my corner. I received sound advice all the way through the process and felt proud of the dignified way that my case was being responded to. I would certainly recommend Madison and the team at Carew for their professionalism, experience, integrity and dedicated service."

Scott M
Melbourne

"10 Stars! Very happy & relieved that I chose Alex Carew & Carew Counsel for a family member in an extremely concerning & complicated Family Court/child protection matter. Highly professional, ethical, respectful, knowledeable, hard working, strategic, collaborative, communicative, caring, compassionate & child & family welfare focused. Thank you from the bottom of our hearts for helping us protect our little child."

Cygnet S
Melbourne

"I would like to thank and acknowledge all the team at Carew Counsel Solicitors for representing me in my recent financial settlement matter. I highly recommend that you engage Carew Counsel Solicitors to represent you in your family law matter."

Frank G
Melbourne
Our team of financial agreement experts in discussion

Why choose Carew Counsel

Client-centric

We’re committed to helping you achieve the best possible outcome in your financial matter.

Specialist lawyers

We have an experienced team of family lawyers who specialise in financial agreements.

Cost-effective solutions

We offer fixed fees or upfront quotes for more complex matters that are tailored to your needs.

Provide clarity

We’ll demystify the legal jargon so you can feel empowered when making financially-driven decisions.

Meet the team

Meet your lawyers specialising in financial agreements

FAQs

Browse our frequently asked questions about financial agreements.

What is a financial agreement?

A financial agreement is a legally binding document that outlines financial arrangements between parties in various domestic relationships or marriages in Australia. This agreement can be entered into before, during, or after a partnership, including marriages and de facto relationships. It covers matters such as property settlement and financial responsibilities in the event of separation or divorce.

Financial agreements must meet legal requirements to be binding. They should be in writing and signed by both parties, with each party having received independent legal advice before signing.

Both parties are required to provide full and frank disclosure of their financial circumstances when entering into a financial agreement to ensure transparency and fairness.

Once properly executed, a financial agreement becomes legally enforceable, providing a structured framework for financial matters in case a relationship ends.

Do I need a financial agreement?

Financial agreements can be useful in many marriages and de facto relationships, but they are not necessary for everyone. Some scenarios where a financial agreement could be beneficial include:

  • If you are in a de facto relationship, a financial agreement can be useful to outline how financial matters will be handled in the event of a separation
  • If you are already married, you may still consider a financial agreement to address financial aspects in case of a future separation
  • If you have significant assets that you want to protect in the event of a relationship breakdown, a financial agreement can specify how these assets will be divided
  • Individuals who own businesses may use financial agreements to safeguard their business interests and prevent disputes over business assets
  • In cases where one or both parties have children from previous relationships, a financial agreement can help clarify financial responsibilities and asset distribution
  • Life circumstances change, and a financial agreement can provide clarity on how financial matters will be handled if there are significant changes such as career advancements, inheritances, or financial windfalls
  • Financial agreements can help prevent disputes by clearly outlining the agreed-upon financial arrangements, potentially reducing legal conflicts
When is a financial agreement legally binding?

Generally, a financial agreement becomes legally binding when:

  • The agreement is in writing and has been willingly signed by both parties 
  • Each partner has received independent legal advice that outlined the effect of the agreement and the advantages/disadvantages of entering into it
  • Each partner has received a signed certificate from their lawyer confirming that they provided legal advice
  • The court has not set the agreement aside (this could happen if, for example, they deemed the agreement not just or equitable)
What is the difference between a consent order and a financial agreement?

A consent order is a court-approved agreement, while a financial agreement is a private contract between parties. Consent orders have the advantage of court enforcement, but they involve court proceedings. A financial agreement offers more privacy but relies on the willingness of parties to comply without direct court oversight.

Do you need a lawyer for a financial agreement?

If you are entering into a binding financial agreement, then it is mandatory to seek independent legal advice before you can progress with the agreement.

Does a financial agreement have to cover everything?

A financial agreement can address all aspects of your financial circumstances or just specifics, such as spousal or de facto partner maintenance or property settlement.

Knowledge Centre

Our Melbourne office

03 9670 5711
Level 10, 313 La Trobe Street, Melbourne, VIC 3000
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