Katherine Stavrou

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221 appearances 1 recordings 1 series first heard Feb 2022 last heard Feb 2022

Katherine Stavrou’s voice in public audio — every appearance, attributed to the second.

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Australian Finance Podcast · Prenups & de facto relationships | Family Law Barrister · 24 Feb 2022 podcast

Well, a requirement is for parties who can't reach an agreement to sit and try and mediate the matter and try and work out an arrangement for the children without having to resort to going to court straight away.

Unless it's urgent, then parties will have that option to do that.

Of course, it's very stressful, very costly.

And at the end of the day, parties can just remain amicable and that really does help for the sake of the children especially.

Yeah, of course.

So that's a really good question because, first of all, it's not even really called only a binding financial agreement, Kate.

You can call it a number of things.

So they're known as prenups, prenuptial agreements.

They're known as postnups, so even after the marriage has ended.

They're known as cohabitation agreements, separation agreements, and, of course, you've got divorce agreements.

So really what it is, it's a document that governs your property interest in the event of a separation during a marriage or de facto relationship.

And this includes property that's, you know, the assets of the relationship, the debts, and it can even include spousal maintenance and other matters involved.

I think it's important for listeners to understand that the Family Law Act does set out very strict requirements before a BFA will become legally binding.

And obviously when you enter into any agreement, even with a BFA, it's on your own free will and you obviously have to be fully informed of what it is that's stated in the agreement and you have to sign that you've received independent legal advice.

about the specific matters and sign a certificate next to the agreement which is signed by each of you with the legal advisor.

So in order for it to be binding, there are strict requirements in place for parties to enter into it.

No, no, or even the day before.

That's right.

Yeah, so under different sections of the Family Law Act, you can sign an agreement.

So it can be done, it can be entered into before pre-nups

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