The perils of prenuptial financial agreements: Effectiveness and professional negligence

John Wade

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Legal practitioners in Australia who draft financial agreements before (s90B; 90UB) or during a marriage or relationship (s90C; 90UC) have a high risk of exposure to professional negligence. Vigilance, protocols and expertise only reduce the risk; it is never eliminated. That is why a number of experienced and smart family lawyers in Australia will never draft pre-nuptial (s90B; 90UB) or 'during relationship' agreements. They send their clients to more naive or risk-taking lawyers. In each case, the ineffective agreements and the potential for professional negligence lie dormant and hidden like land mines. Such agreements may explode at any time over, say, the 30 years which follow signing - either upon the separation of the signatory spouses or the death of one, or a dramatic change of circumstances for better or worse of one of the parties.
Original languageEnglish
Pages (from-to)24-29
Number of pages6
JournalAustralian Family Lawyer
Issue number3
Publication statusPublished - 2012


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