Prenuptial agreements — What’s happening?

Kaye, M; Sarmas, L; Fehlberg, B; Smyth, B

Prenuptial agreements — What’s happening?

Kaye, M

Sarmas, L Fehlberg, B Smyth, B

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Publisher:: LexisNexis Australia
Publication Type:: Journal Article
Citation:: Australian Journal of Family Law, 2023, 36, (1), pp. 38-62
Issue Date:: 2023

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Field	Value	Language
dc.contributor.author	Kaye, M https://orcid.org/0000-0003-4484-1904
dc.contributor.author	Sarmas, L
dc.contributor.author	Fehlberg, B
dc.contributor.author	Smyth, B
dc.date.accessioned	2023-07-27T05:05:58Z
dc.date.available	2023-07-27T05:05:58Z
dc.date.issued	2023
dc.identifier.citation	Australian Journal of Family Law, 2023, 36, (1), pp. 38-62
dc.identifier.issn	0817-623X
dc.identifier.uri	http://hdl.handle.net/10453/171667
dc.description.abstract	Pre or early relationship (‘prenup’) financial agreements have been available in Australia for some years now, but there is still a dearth of research regarding how they are being used by lawyers and their clients. This article draws on interviews with family lawyers regarding prenup agreements, with a focus on who is using them and why, and what lawyers think about them. Key findings include that while most participants considered that power imbalance usually or often existed between the parties and was not overcome by the process of entering agreements, most also supported the continued availability of Family Law Act financial agreements — a position that, in our view, indicates the need for further legislative reform.
dc.language	en
dc.publisher	LexisNexis Australia
dc.relation.ispartof	Australian Journal of Family Law
dc.rights	info:eu-repo/semantics/openAccess
dc.subject	1605 Policy and Administration, 1607 Social Work, 1801 Law
dc.subject.classification	4804 Law in context
dc.title	Prenuptial agreements — What’s happening?
dc.type	Journal Article
utslib.citation.volume	36
utslib.for	1605 Policy and Administration
utslib.for	1607 Social Work
utslib.for	1801 Law
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - LHJ - Law Health Justice
utslib.copyright.status	open_access	*
pubs.consider-herdc	true
dc.date.updated	2023-07-27T05:05:57Z
pubs.issue	1
pubs.publication-status	Published
pubs.volume	36
utslib.citation.issue	1

Abstract:

Pre or early relationship (‘prenup’) financial agreements have been available in Australia for some years now, but there is still a dearth of research regarding how they are being used by lawyers and their clients. This article draws on interviews with family lawyers regarding prenup agreements, with a focus on who is using them and why, and what lawyers think about them. Key findings include that while most participants considered that power imbalance usually or often existed between the parties and was not overcome by the process of entering agreements, most also supported the continued availability of Family Law Act financial agreements — a position that, in our view, indicates the need for further legislative reform.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/171667